Law: Arbitration Act, 1940

Section: 20,23

Arbitration Act (X of 1940)--- ----Ss.20 33---Arbitration agreement---Proceedings / plaintiffs filed application for decision of their dispute through arbitration---Trial Court declined to reject proceedings initiated for settlement of dispute through arbitration proceedings--- Validity--- No one was named in arbitration agreement, therefore, respondents/plaintiffs were left with no option but to submit application under S.20 of Arbitration Act, 1940--- Period of contract had already expired and there was a dispute which required resolution and that resolution could be made as per provisions of arbitration agreement, within which respondents/plaintiffs submitted their claim/dispute to Project Manager/Engineer but not fruitful result came out or no decision was made by Project Manager/Engineer---Petitioners / defendants through application under S.33 of Arbitration Act, 1940, intended to decide matter as the same could not be agitated before any forum---Administration of justice required that decision between parties pertaining to dispute should be decided on merits and after proper application of mind, in accordance with law, rather than to be decided on technical grounds---Petitioners/defendants had taken hyper-technical grounds in their application, which application was to be decided along with application under S.20 of Arbitration Act, 1940---Revision was dismissed, in circumstances. JUDGMENT MUHAMMAD NAEEM ANWAR, J.--- The petitioners have assailed the order of the learned Trial Court dated 11.11.2019, passed by the leaned Civil Judge-XX, Peshawar, by which, their application filed under section 33 of the Arbitration Act, 1940, was turned down. 2. Brief facts of the case are that the respondents have filed an application before the civil Court, under Section 20 of the Arbitration Act, 1940 with the following prayer: - a) Order respondents to file Arbitration agreement before this Honourable Court; b) Referring the matters in disputes for decision by the Sole Arbitrator to be appointed by this Honourable Court; c) Costs of the petition be awarded to the petitioner; and d) Any other relief that this Court may deem just and proper be awarded to petitioner. 3.…

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