Law: Civil Procedure Code (V of 1908)

Section: S.151,O.XXXIX,R.1,2

Law: Arbitration Act, 1940

Section: 20,41

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Arbitration Act (X of 1940), Ss. 20 & 41---Application to file arbitration agreement in Court---Temporary injunction, grant of---Requirements---Temporary injunction could be granted in cases where applicant had a good prima facie case, the balance of convenience was in his favour and the loss he would suffer was irreparable if injunction was not granted and could not be measured in terms of money---Court had power to issue interim injunction for the purpose and in relation to arbitration proceedings---Injunctive order against the recovery of amount without examining the ingredients for grant of injunction was not sustainable in law---Where loss was ascertainable in terms of money then it could not be treated as case of irreparable loss---Ingredients for grant of injunction must co-exist and if any of such was missing then litigant would not be entitled to the grant of temporary injunction---Trial Court without giving any findings with regard to existence of preconditions necessary for the grant of interim injunction had granted temporary injunction---Impugned order for grant of interim injunction was set aside and application was dismissed---Revision was allowed, in circumstances. Pakistan Railways v. Four Brothers International (Pvt.) Ltd. PLD 2016 SC 199; Tauseef Corporation (Pvt.) Ltd. v. Lahore Development Authority 2002 SCMR 1269; Al-Tamash Medical Society v. Dr. Anwar Ye Bin Ju 2019 CLC 1; Maxim Advertising Company (Pvt.) Ltd. v. Province of Sindh 2007 MLD 2019; Haji Khan v. Government of Sindh 1990 MLD 155; Puri Terminal Ltd. v. Government of Pakistan 2004 SCMR 1092; Imtiaz Ahmad v. Muhammad Shoaib Shah 2015 CLC 1121; Mst. Azra Parvez v. Sheikh Ashfaq Hussain 2015 CLC 1695; M.Y. Corporation (Private) Ltd. v. Erum Developers PLD 2003 Kar. 222; Managing Committee, Revenue Employees Cooperative Housing Society v. Secretary, Cooperative Societies, Government of Punjab 2001 CLC 838 and Zakaria Dada v. Maneck Byramji Javat 1992 CLC 345 rel. THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, J.---- Through this judgment, I propose to decide First Appeal from Order ("F.A.O. No.113/2018")…

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