OIL AND GAS DEVELOPMENT COMPANY LIMITED vs MUHAMMAD NAZIR KHAN (DECEASED) Ss — 2024 CLC 988 ISLAMABAD

Case information

Citation: 2024 CLC 988 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: CLC
Parties: OIL AND GAS DEVELOPMENT COMPANY LIMITED vs MUHAMMAD NAZIR KHAN (DECEASED) Ss
Provisions referred to: S. 38; S. 14

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

OIL AND GAS DEVELOPMENT COMPANY LIMITED VS MUHAMMAD NAZIR KHAN (DECEASED) Ss. 14(2) & 38(1)---arbitration award---Filing in Court---Procedure---appellant company was aggrieved of dismissal of its application by Trial Court to make award the rule of the Court---Validity---arbitrator, whose fee / dues have been cleared is not prevented under arbitration act, 1940, to provide the parties with signed copies of award or original award in duplicate---Where arbitrator does not provide parties with such award on the ground that his fee / dues have not been cleared, provision of S. 38(1) of arbitration act, 1940, entitles a party to apply to Court, which can order arbitrator to deliver award to the applicant on payment into Court by applicant of fees / dues demanded---Where an award is delivered to party either by adopting process envisaged by S.38(1) of arbitration act, 1940, or otherwise, the party can file such award in Court and the Court thereupon gives notice to other party of filing of the award---Provision of S. 14 (2) of arbitration act, 1940, applies to a case where help of Court is sought for getting award filed in Court by calling upon arbitrator to file it---High Court set aside order passed by Trial Court and remanded the matter for further proceedings on appellant's application under S. 14 of arbitration act, 1940, praying for award to be made the rule of the Court---appeal was allowed accordingly.

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