2024 MLD 1918 QUETTA-HIGH-COURT-BALOCHISTAN

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Citation Name: 2024 MLD 1918 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Chief Engineer (West) Pakistan Public Works Department, Quetta VS M/S NIP Construction and Engineering Construction Builders and Manufacturers through Karim Dad Ss. 20 & 30--- Qanun-e-Shahadat (10 of 1984), Art. 114---Arbitration award--- Arbitrator---Objection--- Estoppel, principle of--- Applicability--- Respondent company filed application under S.20 of Arbitration Act, 1940, for settlement of dispute through appointment of arbitrator--- Trial Court appointed sole arbitrator and his award was made Rule of the Court--- Lower Appellate Court maintained the Rule of the Court passed by Trial Court--- Petitioner authorities assailed Rule of the Court on the plea of misconduct of sole arbitrator--- Validity--- Sole arbitrator was appointed consensually and his appointment was never challenged before any higher forum--- Appointment of sole arbitrator was made in agreement with both the parties--- Up till rendering the award by him no objection was raised by the parties to the lis upon the appointment of sole arbitrator, which amounte to waiver of their objection, within the purview of law of estoppel as contemplated under Art.114 of Qanun-e-Shahadat, 1984--- Such objection could not be allowed to be raised at subsequent stage, particularly only for viewing purpose and after rendering arbitration award, more particularly when petitioner authorities had failed to assert that what bias the sole arbitrator was carrying at the time of rendering the arbitration award--- Arbitration award could only be objected, if specific allegations of misconduct were alleged, which did not figure in the present case--- High Court in exercise of revisional jurisdiction declined to interfere in orders passed by two Courts below as there was no illegality, perversity or jurisdictional error in decrees rendered by both the fora below, as contemplated under S.115 of C.P.C.---Revision was dismissed, in circumstances.

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