Law: Arbitration Act, 1940

Section: 34

Arbitration Act (X of 1940)--- ----S.34---Power to stay legal proceedings where there is an arbitration agreement---Scope---Petitioner General Secretary (elect) of Table Tennis Federation assailed orders of courts below whereby his suit for declaration and injunction was stayed and the matter was referred for arbitration between the parties as per arbitration clause of the Constitution of Pakistan Table Tennis Federation---Validity---Petitioner despite contesting the application under S.34 of Arbitration Act, 1940, had submitted application to the President of Pakistan Table Tennis Federation for appointment of arbitrator under the Constitution of Pakistan Table Tennis Federation---Court had the power to stay legal proceedings while referring the matter to the arbitrator under the arbitration clause---Petitioner had appropriate remedy to approach the arbitration forum---Courts below had not committed any illegality in passing the impugned orders---Constitutional petition was dismissed in limine. THIS ORDER PASSED BY: ABDUL HAMEED BALOCH, J:---.--- This order shall dispose of Constitution Petition No. 1179 of 2019, which is directed against the orders dated 18.12.2018 and 04.10.2019, respectively passed by the Civil Judge-IV, Quetta (trial Court) and Additional District Judge-VII, Quetta (Revisional Court), whereby the 'Suit for Declaration and Permanent Injunction, filed by the petitioner/plaintiff was stayed and the matter was referred for arbitration between the parties as per Arbitration clause of the Constitution of Pakistan Table Tennis Federation by the trial court and Revision Petition filed thereon was dismissed by the Revisional Court. 2. Brief facts of the case are that the portioner/plaintiff filed a Suit for Declaration and Permanent Injunction before the trial court with the averments that he became Honorary General Secretary of Balochistan Table Tennis Association after conduct of elections, held on 25.02.2016 for a period of four years; that Pakistan Table Tennis Federation is affiliated with Table Tennis Association Organization and supervising the sports in accordance with the principles laid down in the Constitution of Balochistan Table Tennis…

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