The IMPERIAL ELECTRIC COMPANY (PVT.) LTD. vs M/s — 2025 CLD 420 ISLAMABAD

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The IMPERIAL ELECTRIC COMPANY (PVT.) LTD. VS M/s. ZHONGXING TELECOM PAK (PVT.) LTD. Ss. 14(2) & 39---Limitation Act (IX of 1908), First Sched. Art.178---Award made rule of court---Filing of award in court by the Arbitrator upon application made by the appellant---Filing of application by the respondent for return of award due to lack of pecuniary jurisdiction of civil court to entertain and make award Rule of Court---Upon acceptance of application, the award was filed in the court of competent jurisdiction (District Court)---Limitation---Provisions of Art.178 of the Limitation Act, 1908, apply to application under S.14(2) of Arbitration Act, 1940, made by a party to Court---Appellant was prompted by the application of appellant to file the award in the Civil Court---Article 178 to First Schedule of the Limitation Act, 1908, applies only to cases where a party to the arbitration proceedings applies to the court for the filing of an award but it does not apply to an application filed by a party to the arbitrator for filing the award in the Court---Application to have the award filed in Court must be moved by any party within ninety days of the date on which he receives notice of the making of the award and no such application can be made after the expiry of this period---When the award is filed in the Court by the arbitrator, the limitation as may be applicable to a party is not applicable to him---No period of limitation is prescribed for the arbitrator to file the award in the Court and no limitation runs against a party to the arbitration proceedings requesting the arbitrator to file the award in the Court---Arbitrator is also not placed under an obligation to file the award in the Court within the limitation period of 90 days prescribed in Art.178---Limitation period under the said Article applies for the purpose of filing an application to the court for a direction to the Arbitrator to file the award in the Court---High Court converted the appeal into civil revision and accepted the same, in circumstances.

The IMPERIAL ELECTRIC COMPANY (PVT.) LTD. vs M/s — 2025 CLD 420 ISLAMABAD

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