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Suit No. 376 of 1970, decided on 22nd January, 1980.
‑‑ S. 30‑Award, setting aside of‑Arbitrator awarding damages on basis of certain material before him‑Held, even if award on question of damages be erroneous, error of law cannot be said to be apparent on face of award so as to furnish ground for setting it aside. [Award].
Mohindar Singh v. Ramindar Singh and another A I R 1944 P C 83 ; West Pakistan v. Gammon's Pakistan Ltd., Karachi P L D 1976 Kar. 458 and Messrs Hussain Textile Mills Ltd. v. Messrs Dada Sons Limited P L D 1973 Kar. 413 rel.
‑‑ S. 30‑Award, setting aside of‑Award of damages at two differ ent rates for two different quantities based on material before arbit rator, held, cannot be said to be error of law‑Error of law, further held, means erroneous legal proposition on face of award and form ing basis of award.‑[Award].
Champsey Bhara & Company v. The Jivraj Dalloo Spinning & Weaving Company Ltd. A I R 1923 P C 66‑ and Alopo Parshad & Sons Ltd. v. Union of India A I R 1960 S C 588 ref.
‑‑ S. 15‑Award, modification of‑Power of Court for modification of award, held, limited to obvious errors capable of correction without affecting decision of arbitrator‑Conscious award of damages at two different rates for two different quantities, further held, not such error.‑[Award].
Joni Durlabh Shankarji and others v. Jani Lajja Shankarji and others 2 1 C 858 and Muhammad Salim Butt v. Trading Corpo ration of Pakistan Suit No. 281 of 1978 (unreported) distinguished.
Sabihuddin Ahmed for Plaintiffs.
Khalid Anwar for Defendants.
Dates of bearing : 9th and 22nd January, 1980.
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