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MUHAMMAD LATIF versus FAZAL HAQ


Section 1 561A parties agreed their dispute to the court for arbitration reference and, in view of the parties' agreement to refer their dispute to the arbitrators, directed the High Court to further direct the arbitrator. Be present to the arbitrators within one week of approving the decree. In order to move the matter forward quickly, the parties were ordered to stop the case after informing them about the court award.

P L D 1985 Lahore 233

Before Riaz Ahmad, J

MUHAMMAD LATIF AND OTHERS-Petitioners

versus

FAZAL HAQ AND OTHERS-Respondent

Criminal Miscellaneous No. 66/Q of 1984, decided on 17th September; 1984.

Criminal Procedure Code (V of 1898)

--- S. 561-A-Parties agreeing in Court for reference of their dispute . to arbitration and naming three arbitrators-High Court in view of compromise of parties to refer their dispute to arbitrators, directed parties to appear before arbitrators within one week of passing order with further direction to arbitrators to proceed with matter expeditiously--Case was ordered to be relisted after parties informed ,Court. about award.

Muhammad Rafiq Bajwa for Petitioners.

Dilawar Mahmood, Bar-at-Law with Ch. Ashraf Azim for Respondents.

Noor Muhammad Parass for the State.

JUDGMENT

During the hearing of this petition under section 561-A, Cr. P. C., I have asked the parties to arrive at a compromise. The parties to this case seem to be respectable persons belonging to business community from Faisalabad. I have been informed that on 270 November, 1982. the parties . had agreed to refer the dispute to the arbitration of three arbitrators and a document for making the reference to the arbitration was also, executed, but the proceedings did not commence before the arbitrators. The parties have now agreed before me to abide by the said agreement dated 27-I1-1982, according to which, the dispute is to be referred to three arbitrators, namely Rana Sher Muhammad Khan as nominee of Rana Muhammad Latif, Ch. Ghulam Qadir nominee of Javid Iqbal and, Syed Nazar Hussain Shah President, Chamber_of Commerce Faisalabad.

. 2. Since the parties have now agreed before rite for referring the dispute to the three arbitrators named above, I would therefore, direct the parties to appear before the arbitrators within one week of the passing of the order. The arbitrators shall proceed in the matter expeditiously and shall make their award within one month.

3. A certified copy of this order shall be supplied to the parties on payment of usual charges for apprising of. the learned arbitrators with regard to the fact that the parties have agreed in this Court for making reference of the dispute to the arbitrators. The case shall now be relisted, after there parties inform me about the award.

M. Z. M.

Appeal allowed.

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