INDEPENDENT MEDIA CORPORATION (PVT.) LIMITED vs SENIOR CIVIL JUDGE (WEST), ISLAMABAD Ss — 2022 CLC 1727 ISLAMABAD

Case information

Citation: 2022 CLC 1727 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: CLC
Parties: INDEPENDENT MEDIA CORPORATION (PVT.) LIMITED vs SENIOR CIVIL JUDGE (WEST), ISLAMABAD Ss
Subject matter: Constitutional
Provisions referred to: S. 8

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

INDEPENDENT MEDIA CORPORATION (PVT.) LIMITED VS SENIOR CIVIL JUDGE (WEST), ISLAMABAD Ss. 8, 17 & 20---award making Rule of Court---Procedure---Petitioner assailed order of Trial Court making award as Rule of Court---Plea raised by petitioner was that Trial Court did not have jurisdiction in the matter---Validity---application under S.8 of arbitration act, 1940 was filed before Trial Court and the Court not just appointed sole arbitrator but also directed the arbitrator to decide disputes between parties and adjourned the matter for next date for report of arbitrator---With appointment of arbitrator, Trial Court had become functus officio in the matter---Trial Court could not proceed further and make a reference to arbitrator or fix time for filling of award---Part of order whereby matters in dispute between parties were referred to arbitration and he was required to submit his report was without lawful authority and of no legal effect---arbitration proceedings culminating in award and proceedings pursuant to petitioner's objections to the award and application of respondents to make award rule of Court could not be treated as continuation of proceedings pursuant to application under S.8 of arbitration act, 1940---arbitrator could only file award before Court having jurisdiction to decide questions forming subject matter of reference if the same had been subject matter of suit---High Court directed Trial Court to transmit proceedings pending before it to District Judge to adjudicate upon objections filed by petitioner to award and set aside order making award rule of Court---Constitutional petition was allowed, in circumstances.

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