378/2013 Suit M/s. Emocon Engineering (Plaintiff) V/S M/s. Exterran and another (Defendant)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
378/2013 Suit M/s. Emocon Engineering (Plaintiff) V/S M/s. Exterran and another (Defendant) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 25-JAN-16
The nature and scope of Act XVII of 2011 is such that the discretion, as available in Section 34 of the Arbitration Act, 1940, is not available. A party to an arbitration agreement against whom legal proceedings have been brought and in respect of a matter which is covered by the arbitration agreement, may upon notice to the either party to the proceedings, apply to the Court in which the proceedings have been brought, to stay the proceedings insofar as the subject matter is concerned unless the arbitration agreement is claimed to be null and void or any part is incapable of being performed, which is not the case here as in terms of Para 27 of plaint the plaintiff himself seeks application of the subject agreement in letter and spirit, which includes the arbitration clause. Advocates: Muhammad Aminullah Siddiqui(ADVO-8554-SBC-KHS),ORR. DIGNAM & CO.(FIRM-109-SBC-KHI),Hameed Siddiqui(ADVO-3991-SBC-KHI)