Law: Arbitration Act, 1940

Section: 34,10,8

Law: Arbitration Act, 1940

Section: 34,10,8

Law: Civil Procedure Code (V of 1908)

Section: 148

(a) Specific Relief Act (I of 1877)-------S.12---Arbitration Act (X of 1940), S. 34---Specific performance of agreement---Arbitration---Stay of proceedings---Delay---Defendant filed application under S. 34 of Arbitration Act, 1940, seeking stay of proceedings and referring the matter to arbitrator, as arbitration clause was available in the agreement between parties---Plea raised by plaintiff was that referring the matter to arbitrator would cause delay in proceedings---Validity---Plea raised by plaintiff was not a position for not referring the matter to arbitration, more particularly when it came to be appreciated from the perception that parties by choice willingly and knowingly chose such jurisdiction and that it could not be defeated as it would amount to usurping the control of domestic forum which plaintiff and defendant had agreed upon earlier in time when they arrived at executing the agreement---Was not proper to proceed into the matter for which previous consent was accorded by parties to each other for resolution before a forum other than High Court---As the parties had chosen to refer any dispute arising out of or in connection with it and matters contemplated therein would be settled by arbitration between them, therefore, the same must be referred to arbitration---High Court stayed proceedings of suit filed by plaintiff and referred the matter to arbitrator in accordance with provisions of agreement between parties---Application was allowed accordingly. PLD 1965 Dacca 26 and 1998 SCMR 310 distinguished. (b) Arbitration Act (X of 1940)--- ----S.34---Stay of proceedings---Principle---Steps taken after filing of application under S. 34 of Arbitration Act, 1940, does not disentitle defendant to pray for stay of proceedings of the suit---Only proceedings, which were taken prior in time in moving of application under S. 34 of Arbitration Act, 1940, would disentitle a party to ask for stay of proceedings---Even if written statement has been filed by defendant after preferring application under S. 34 of Arbitration Act, 1940, such step would not debar and/or disentitle defendant from seeking stay of proceedings under S. 34 of Arbitration Act, 1940. Aimal…

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