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PUNJAB HIGHWAY DEPARTMENT through Chief Engineer vs Sh — 2024 CLD 1335 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLD 1335 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLD
Parties
PUNJAB HIGHWAY DEPARTMENT through Chief Engineer vs Sh

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

PUNJAB HIGHWAY DEPARTMENT through Chief Engineer VS Sh. ABDUR RAZAQ & COMPANY (PVT.) LTD. Ss. 8, 9 & 30---arbitration---Objections, rejection of---award made rule of Court---Principle---appellant authorities were aggrieved of rejection of objections filed against award which had been made rule of the Court by Trial Court---Validity---While making award rule of Court, in a case where parties does not file objections, the Court is not supposed to act in a mechanical manner like the proverbial post office and place its seal on it---Court is obligated to look into the award and if it finds patent illegality on the face of award, the Court is empowered to set aside, modify or remit the award for reconsideration---Trial Court neither considered the reasons for setting aside the award nor considered as to whether award was liable to be remitted----By simply observing that award had been delivered by two arbitrators who were Officers of the Department of appellant, irrespective of the fact whether the award was invalid, it was violative of the contract or otherwise violative of the rule of due process and it had no basis---High Court set aside rule of the Court and remanded the matter to Trial Court for decision afresh on the objection to the award by framing proper issues and allowing the parties to produce evidence---appeal was allowed in circumstances.

Other judgments reported in 2024 CLD

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