Case Details

Citation(s)
2015 SLG 751 2015 SLD 751 2015 YLR 1027
Sindh High Court
Suit Nos. 568, 670, 708 and 1260 of 2013, decided on 17thJanuary, 2014. DATE of hearing: 12th December, 2013
NAZAR AKBAR, J
Khalid Anwar for Plaintiff (in Suit No. 568 of 2013 and for Defendant No. 1 in Suit No. 670 of 2013). Abdul Hafeez Pirzada for Plaintiff (in Suit Nos.670 of 2013 and 708 of 2013 and for Defendant No. 1 (in Suit No. 568 of 2013) and for sole Defendant (in

PAKISTAN INTERNATIONAL BULK TERMINAL LTD. through Chief Finance OfficervsMAQBOOL ASSOCIATES (PVT.) LTD., through Managing Director and 4 others

Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,R.3

Law: Arbitration Act, 1940

Section: 20

(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) Civil Procedure Code (V of 1908)--- ----O.XXIII, R.3---Arbitration Act (X of 1940), S. 20--- 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. XXIII, 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. Mohamed Abdul Latif Faruqi v. Nisar Ahmed and another PLD 1959 (W.P.) Kar. 465; Jamia Industries Ltd. v. Pakistan Refinery Ltd. PLD 1976 Kar. 644; China Harbour Engineering Co. v. Water and Power Development Authority and others 2001 YLR 1781; Manzoor Construction Co. Ltd., v. University of Engineering and Technology, Texila 1984 CLC 3347 and Messrs Time N Vision International (Pvt.) Ltd. v. Dubai Islamic Bank PLD 2007 Kar. 278 rel. JUDGMENT NAZAR AKBAR, J.---By this order I intend to dispose of an application under Order XXIII Rules 1 and 3, C.P.C. bearing C.M.A. No.11110/2013 jointly filed by plaintiff and defendant No.1 in Suit No.670 of 2013, as well as four suits bearing Suit No.568/2013, Suit No.670/2013, Suit No.708/2013 and Suit No.1260/2013. These are Arbitration Suits under Section 20 of the Arbitration Act, 1940 (hereinafter referred to as "the Act, 1940"). 1. The precise facts of these…
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