MENGAL BROTHERS TRANSPORTS (PVT.) LTD. vs FEDERATION OF PAKISTAN through Secretary, Ministry of Petroleum, Federal Secretariat, Islamabad Ss — 2023 MLD 195 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 195 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MENGAL BROTHERS TRANSPORTS (PVT.) LTD. vs FEDERATION OF PAKISTAN through Secretary, Ministry of Petroleum, Federal Secretariat, Islamabad Ss
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

MENGAL BROTHERS TRANSPORTS (PVT.) LTD. VS FEDERATION OF PAKISTAN through Secretary, Ministry of Petroleum, Federal Secretariat, Islamabad Ss. 8 & 34---arbitrator, appointment of---Predesignated arbitrator---arbitrator appointed by court---Scope---Plaintiff agreed to the appointment of arbitrator but opposed referring matter/dispute to predesignated arbitrators who were serving officers of defendant company---Validity---Court under S. 8 of arbitration act, 1940, was empowered to appoint arbitrator or an umpire in certain cases by providing machinery for effectively working out and enforcing arbitration agreement so that arbitration agreement could become abortive---arbitrator or umpire appointed under S. 8 of arbitration act, 1940 had the like power to act on reference and to make an award, as if he was appointed by consent of the parties---High Court by exercising powers under S. 8 of arbitration act, 1940, deemed it appropriate to appoint any person other than the predesignated arbitrators, to act as arbitrator in the matter in order to resolve dispute arising between the parties---High Court directed the parties to submit names of arbitrators by consent or individually for appointment---High Court further directed that if parties were unable to agree on appointment of arbitrator by consent, then it would exercise powers under S. 8 of arbitration act, 1940, and appoint arbitrator in the matter---application was allowed accordingly.

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