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GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Workers and Communication Department, Peshawar vs MUHAMMAD FAYAZ Ss — 2024 CLC 1876 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 1876 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Workers and Communication Department, Peshawar vs MUHAMMAD FAYAZ Ss
Subject matter
Criminal
Provisions referred to
S. 96---L; Civil Procedure Code (V of 1908); Limitation Act (IX of 1908); Arbitration Act

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

GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Workers and Communication Department, Peshawar VS MUHAMMAD FAYAZ Ss. 14, 30 & 39---Civil Procedure Code (V of 1908), S.96---Limitation Act (IX of 1908), First Sched., Art.158---Construction contract---Arbitration---Award---Arbitration petition for making the award as rule of the Court---Non-filing of objections by one of the appellants and belated objections toaward by the other appellant---Powers of Civil Court while making award rule of the Court---Scope---Contention of the appellants was that the matters arising out of the award passed by the arbitrator were judicial in nature and not ministerial and mere absence or delay of objections did not absolve the Court from its responsibility to scrutinize it on merits---Validity---Such contention of the appellants was misplaced because although it was held that the objections of one of the appellants were barred by time, yet, while deciding the matter, the Trial Court had fully discussed the material available on record and decided the case on merits---Findings of Trial Court were based on proper appreciation of the material available before it, which did not require any interference---Appellate Court has a very limited jurisdiction while adjudicating an appeal arising out of the Arbitration Act, 1940, as neither it can reappraise the evidence nor can set aside an award merely on the basis of alleged irregularity committed by the Trial Court---For interference with an award and findings of the lower court there must be a patent illegality, which should be apparent on the face of award or the arbitrators have committed misconduct while passing the award which indeed was not the case of the appellants---Appeal was dismissed accordingly.

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