568/2013 Suit Pakistan International Bulk Terminal (Plaintiff) V/S Maqbool Associates (pvt) Ltd & Ors. (Defendant)

568/2013 Suit Pakistan International Bulk Terminal (Plaintiff) V/S Maqbool Associates (pvt) Ltd & Ors. (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Nazar Akbar Order Date: 17-JAN-14

(a) Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 3---Contract---Compromise between parties---Scope---Lawfully entered contracts by and between parties are binding upon them irrespective of placing such contracts before court of law by means of joint applications under O. XXIII, R. 3, C.P.C. (b) Arbitration Act (X of 1940)--- ----S. 20---Civil Procedure Code (V of 1908), O. XXIII, R.3---Arbitration--- Dispute resolution--- Role of court---Compromise between parties---During pendency of proceedings under S.20 of Arbitration Act, 1940, parties entered in compromise and sought disposal of suit under O. XXIII, R. 3, C.P.C.---Validity---Court was only gateway to adjudication of dispute between parties and not adjudicator in its own right---Present was not a regular suit under common law and dispute resolution was not possible by court of law under S.20 of Arbitration Act, 1940---Court was not empowered to examine and even comment on "dispute/issues" between parties, lest it could prejudice case of either party---Provisions of O.XXII, R. 3, C.P.C. were not applicable to arbitration suit under S.20 of Arbitration Act, 1940---Court appointed sole arbitrator for resolution of dispute between parties in terms of arbitration agreement---Suit was disposed of accordingly.