The Arbitration Act, 1940 is a special statute having limited application relating to matters governed by the said Act. The revisional jurisdiction of the High Court under the C.P.C or under any other statute therefore shall not stand superseded under the Act ibid and if the Act does not contain any express bar against exercise of revisional power by the high Court provided exercise of such revisional power does not militate against giving effect to the provision of the Act ibid. There is no express provision in the Arbitration Act putting an embargo against filing a revisional application against appellate order under Section 39 of the Act. The Arbitration Act has put an embargo on filing any second appeal from appellate order under Section 39 of the Act. It may be stated that even if a special statute expressly attaches finality to an appellate order passed under that statute, such provision of finality will not take away revisional powers of the High Court under Section 115 of C.P.C. There is also no such express provision in the Arbitration Act attaching finality to the appellate order under Section 39 of the said Act. As already indicated, only bar under sub-section (2) of Section 39 is of a second appeal from an appellate order under Section 39 of the Act ibid.
In the light of the aforesaid discussion, we are of the considered view that the judgment passed by the learned appellate Court deciding objections to the Award under Section 30 & 33 of the Act ibid can be challenged through a revision petition under Section 115 C.P.C.
Misc. Writ.57166/19
Hajra Bibi (deceased) through LRs etc Vs Bashir Ahmed (deceased) through LRs etc
Mr. Justice Ch. Muhammad Iqbal
25-01-2023
2023 LHC 322
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