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Civil Petition No.140‑R/84. decided on 28th June, 1984.

(Against the judgment and order, dated 21st April, 1984 of the Lahore High Court, Rawalpindi Bench, in F.A.0. No.7 of 1983).

‑‑Art. 185 (3)‑‑ Arbitration Act (X of 1940), S. 22‑‑ Umpire‑ Appointment and removal‑‑Parties, their lawyers and umpire, agreeing to dispose of petition in certain given terms‑‑Petition converted into appeal and allowed in such terms.

Advocate‑on‑Record for Petitioner.

Munir A. Shaikh, Dy. Attorney‑General and Ch. Akhter Ali, Advocate‑on‑Record for Respondent No.1

Kh. M. Farooq, Advocate Supreme Court with Rao Muhammad Yousaf Khan, Advocate‑on‑Record for Respondent No.2.

Date of hearing: 28th June, 1984,

‑‑ The parties, the lawyers representing them and the umpire agree to the disposal of this petition in following terms: ‑‑

(i) Additional evidence as listed in Government application signed by all, should be allowed to be led before the umpire, subject to right of its rebuttal.

(ii) The Government shall be responsible for producing the evidence including the witnesses except for the expert to be appointed by the umpire.

(iii) The time for giving the award be extended by two months commencing from the date of appearance of the parties before the umpire which is fixed as 15‑7‑1984.

(iv) The Government undertakes to withdraw the application for removal of the umpire pending before a Civil Judge, reserving its right to object in accordance with law to arbitration proceedings and the award after the award is made.

The petition is converted into appeal and allowed in terms set forth above.

The parties shall report to the umpire on 15th of July, 1984.

No order as to costs.

S.Q. Appeal allowed.

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