Case Details

Citation(s)
2021 SLG 2141 2021 SLD 2141 2021 PLJ 140
Quetta High Court
C.P. No. 1179 of 2019, decided on 11.11.2019, Date of hearing: 4.11.2019.
NAEEM AKHTAR AFGHAN, JUSTICE, ABDUL HAMEED BALOCH, JUSTICE.
Mr. Ghulam Abbas, Advocate for Petitioner.

HAFEEZULLAH KHAN

VS

PAKISTAN OLYMPIC ASSOCIATION, THROUGH GENERAL SECRETARY AND OTHERS

Law: Specific Relief Act, 1877

Section: 42,54

Law: Constitution of Pakistan, 1973

Section: 199

Law: Arbitration Act, 1940

Section: 34

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 42 54--Constitution of Pakistan, 1973, Art. 199--Arbitration Act, (X of 1940), S. 34--Suit for declaration and permanent injunction--Suit was stayed and matter was referred for arbitration--Arbitration clause--Revision petition--Dismissed--Application for arbitration--Accepted was also filed application for appointment of arbitrator--Power of Court--Appropriate remedy--Court has a power to stay legal proceedings while referring matter to arbitrator as under referred arbitration clause of Constitution of Pakistan Table Tennis Federation, petitioner has appropriate remedy to approach Arbitration forum--Both Courts below have not committed any illegality in passing impugned orders--Petition dismissed ORDER Abdul Hameed Baloch, JUSTICE.- 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 Federation being governed by Societies Registration Act, 1860; that he also remained Treasurer of Balochistan Olympic Association before becoming Honorary General Secretary of Balochistan Table Tennis Association but the General Secretary of Balochistan Olympic…
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