Law: Arbitration Act, 1940

Section: 20

Arbitration Act (X of 1940)--- ----S. 20---Notification SRO No. 932(I)/2012 dated 01-08-2012---Recovery of money---Transit Trade---Arbitration, agreement---Court, jurisdiction of---Effect---Plaintiff sought recovery of amount from defendant company which was operating from Tajikistan on basis of agreement between parties---Plaintiff also impleaded another person who was carrying on business in Afghanistan---Validity---Agreement, on basis of which suit was filed, stipulated an arbitration clause which fact was suppressed by plaintiff while obtaining ex-parte interim orders---Property in transit was perishable item and in terms of Notification SRO No. 932(I)/2012 dated 01-08-2012 jurisdiction of transit trade authorities was not extended to Tajikistan since no agreement existed between Pakistan and Tajikistan---High Court recalled interim order as court had no jurisdiction in terms of arbitration clause and prima facie it was a case of hardship to defendant with whom plaintiff had no direct privity of contract---Suit was dismissed in circumstances. Pakistan International Airlines Corporation v. ACT Airlines INC 2011 CLC 714 ref. THIS ORDER PASSED BY: NAZAR AKBAR, J.--- The plaintiff has filed instant suit for the recovery of 304, 431 USD from defendant No.1 having business in Tajikistan on the basis of an agreement and also impleaded defendant No. 1(a) carrying on business in Afghanistan. On 31.12.2018, without service of notice to defendants Nos.1 and 1(a), restraining orders were obtained against the defendants. 2. Ms. Masooda Siraj, advocates filed power on behalf of defendants Nos.2 to 4 as well as written statement, which are taken on record. 3. Today Mr. Ameer Bukhsh Metlo, advocate says that Mr. Sarfaraz Metlo, advocate is out of country and, therefore, case may be adjourned. It is a date by Court case and after interim orders a fixed date for today has been obtained by Mr. Sarfaraz Ali Metlo, advocate, therefore, he was supposed to be present in Court. His own name is also printed on the vakalatnama but it is not signed by him. Be that as it may, I have examined the file and heard learned counsel for the plaintiff holding brief for his elder brother. In…

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