1725/2000 Suit PAK. STATE OIL CO. LTD. (Plaintiff) V/S M/S. GILLANI PVT. LTD. & ORS. (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 26-APR-18
Arbitration Act (X of 1940)--- ----Ss. 8, 20, 25, 32 & 34---Suit for recovery of money---Arbitration clause---Referring matter to Arbitrator---After filing of suit, proceedings were stayed and matter was referred to Arbitrator---Subsequently plaintiff filed application for restoration of suit and sought appointment of Arbitrator under Ss. 8 & 20 of Arbitration Act, 1940---Validity---Once parties were referred to Arbitrator, the purpose / object of Arbitration Act, 1940, was effectively achieved and parties were prevented to obtain a decree from Court contrary to their own agreement that their disputes were to be adjudicated by a private party as provided in arbitration agreement---Order on application under S. 34 of Arbitration Act, 1940, and / or on application under S. 20 of the Act, was one and the same---Purpose of both the provisions was to seek enforcement of an 'arbitration clause/agreement' against the party guilty of avoiding / refusing arbitration for resolution of their dispute---High Court declined exercise of discretion under S. 25 of Arbitration Act, 1940---Plaintiff had repeatedly approached the High Court by suppressing arbitration agreement and attempted to obtain a decree from a civil Court despite the fact that the suit was barred under S. 32 of Arbitration Act, 1940---Suit was dismissed in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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