Law: Arbitration Act, 1940

Section: 34

Arbitration Act (X of 1940)--- ----S.34---Contract containing arbitration clause---Dispute with regard to implementation of contract---Stay of proceedings---Plaintiff filed recovery suit wherein defendant before filing his written statement submitted application for stay of proceedings and referred the matter to the Arbitrator---Trial Court dismissed the application for stay of proceedings---Validity---Parties had entered into the agreement which contained arbitration clause---Dispute between the parties had arisen out of the agreement and same should be referred to the Arbitrator in the manner and mode provided by the arbitration clause---Plaintiff instead of arbitration proceedings had instituted the present suit on the basis of a different stance contrary to the stance of the defendant---Plaintiff should have resorted to the arbitration proceedings to be carried out by the Arbitrator for resolution of controversies---Nothing was on record that agreement containing arbitration clause had been executed under duress, undue influence or on account of any misrepresentation on the part of defendant---Plaintiff could not be allowed to avoid arbitration agreement, in circumstances---Impugned order passed by the Trial Court was set aside---Proceedings before Trial Court were stayed and matter was referred to the Arbitrator for decision---Appeal was allowed, in circumstances. Sqd. Ldr. (R) Khurram Zaman v. Mrs. Afia Zafar 2008 CLD 662; Muratab Ali v. Liaqat Ali 2004 SCMR 1124 and Dar Okaz Printing and Publishing Limited Liability Company v. Printing Corporation of Pakistan Private Limited PLD 2003 SC 808 rel. THIS JUDGMENT DELIVERED BY: ROZI KHAN BARRECH, JUSTICE:---.--- This appeal is directed against the order dated 08.07.2015 (hereinafter "the impugned Order") passed by the learned Judicial Magistrate-IX/Civil Judge, Quetta, (hereinafter "the trial Court") whereby application filed by the appellant under section 34 of Arbitration Act, 1940 ("the Act") was dismissed. 2. The brief and essential facts leading to the present appeal are that the bids offered by the plaintiff/respondent, a registered firm, for construction of Jinnah Shopping Mall Quetta Cantt was…

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