Law: Arbitration Act, 1940

Section: 34,40A

Law: Arbitration Act, 1940

Section: 34,40A

Law: Export Processing Zones Authority Ordinance, 1980

Section: 24

Export Processing Zone Authority Ordinance (IV of 1980)--- ---S. 24---Arbitration Act (X of 1940), S.34---Civil Procedure Code (Amendment) Ordinance (X of 1980), S.15---Arbitration clause---Stay of proceedings---Plaintiff assailed stay of proceedings of suit on the plea that basis of dispute between the parties was not mentioned in arbitration application---Validity---If suit was filed not on the basis of an agreement but was covered by Export Processing Zone Authority Ordinance, 1980, --then it was not necessary that disputes were specifically highlighted---Only thing the Court had to examine was that whether such disputes were covered by arbitration clause in Export Processing Zone Authority Ordinance, 1980, or not---As the dispute between the parties was covered by arbitration clause of Export Processing Zone Authority Ordinance, 1980, therefore, arbitration application was rightly allowed---Order of High Court was unexceptionable and no interference was called for in High Court Appeal---Appeal was dismissed in circumstances. Novelty Cinema, Lyallpur v. Firdaus Films and another PLD 1958 (W.P.) Lah. 208; Muhammad Yousuf Burney v. S. Muhammad Ali 1983 CLC 1498; Messrs Cosmplitan Development Company v. Messrs SO DI.ME,-S.P.A. and another 1983 MLD 2832; Syed Arshad Ali v. Sarwat Ali Abbasi 1988 CLC 1350; Mst. Zohra Begum v. Messrs Abdul Razak & Co. and 10 others 1984 CLC 1643; Union of India v. Birla Cotton Spinning and Weaving Mills Ltd. AIR 1967 SC 688 and Messrs National Small Industries Corporation Ltd., New Delhi v. Messrs Punjab Tin Printing and Metal Industries Ajraunda, Faridabad (Haryana) and others AIR 1979 Delhi 58 distinguished. Ali Muhammad Khan v. Riazuddin Khera PLD 1981 Kar. 170 ref. H.A. Rahmani for Appellants. Ali Mumtaz Shaikh for Respondents. Date of hearing: 26th April, 2011 JUDGMENT MUHAMMAD ATHAR SAEED, J.--- This High Court Appeal has been filed against the order of the leaned Single Judge dated 3-2-2010 in Suit No.668 of 2008 on CMA No.1.0031 of 2008 whereby the learned single Judge had allowed the application of the respondent filed under section 34 of the Arbitration. Act, 1940 seeking to stay the proceeding of the suit and to…

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