Law:

Section:

(a) General Clauses Act (X of 1897)-------S. 6---Constitution of Pakistan, Art. 264---Ordinance, expiry of---Pending cases---Effect---Once an Ordinance expires, the law which was repealed by that Ordinance takes the field---Expiry of Ordinance during pendency of case does not affect pending application and the same remains maintainable. Pir Sabir Shah v. Shad Muhammad Khan PLD 1995 SC 66; Federation of Pakistan v. M. Nawaz Khokhar PLD 2000 SC 26; State v. Muhammad Sharif PLD 1960 Lah. 236; The Sargodha Bhera Bus Service Limited v. The Province of West Pakistan PLD 1959 SC 127 and Air League of PIAC Employees v. Federation of Pakistan M/O Labour and Manpower Division Islamabad and others 2011 SCMR 1254 rel. (b) Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Ordinance (XXXIII of 2009)--- ----Ss. 3 & 4---Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act (XVII of 2011), Ss. 3 & 4---Specific Relief Act (I of 1877), S. 54---Civil Procedure Code (V of 1908), S.151---Suit for injunction--- Enforcement of arbitration agreements---Stay of proceedings---Null and void agreement---Determination---Defendants sought stay of proceedings before Court referring the same to arbitration in terms of arbitration mechanism agreed between the parties---Validity---Pre-condition for refusing stay of proceedings was that arbitration agreement was null and void, inoperative or incapable of being performed---Words null and void, inoperative or incapable of being performed should be read keeping in view rule of ejesdem generis i.e. when a particular word pertaining to class, category or genus or followed by general words, the general words were construed as limited to things of the same kind as those specified---plaintiff failed to point out from record that arbitration agreement was null and void, inoperative or incapable of being performed---Application for stay of suit could not be rejected as arbitration agreement could be refused to a party to arbitration agreement unless court had found the same as null and void, inoperative or incapable of being performed---Plaintiff failed to bring case within the…

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