Law: Arbitration Act, 1940

Section: 34

Law: Arbitration Act, 1940

Section: 34

Law: Specific Relief Act, 1877

Section: 42

Law: Export Processing Zones Authority Ordinance, 1980

Section: 24

Arbitration Act (X of 1940)------S. 34---Export Processing Zones. Authority Ordinance (IV of 1980), S.24--- Civil Procedure Code (Amendment) Ordinance (X of 1980), S.15--- Specific Relief Act (I of 1877), S.42--- High Court appeal---Suit for declaration--- Arbitration clause--- Stay of proceedings--- Basis of dispute, non-mentioning of--- Single Judge of High Court, on application by defendant Authority, stayed the proceedings of suit filed by plaintiff and referred the matter to arbitrator--- Plea raised by plaintiff was that basis of dispute was not mentioned in arbitration clause of agreement between the parties, therefore, application should have been stayed--- Validity--- Suit was filed not on the basis of agreement between the parties but was covered by Export Processing Zones Authority Ordinance, 1980, therefore, it was not necessary that disputes were specifically highlighted as from reading of all pleadings--- As to what the dispute was and that whether such disputes were covered by arbitration clause in Export Processing Zones Authority Ordinance, 1980, or not was clear, and as the dispute was covered by arbitration clause, therefore, arbitration application was rightly allowed by Single Judge of High Court--- Division Bench of High Court declined to interfere in the order passed by Single Judge of High Court--- High Court appeal was dismissed. Novelty Cinema, Lyalpur v. Fidaus Films and another (PLD 1958 (WP) Lah. 208 distinguished. Muhammad Yousuf Burney v. S. Muhammad Ali 1983 CLC 1498; Messrs Cosmplitan Development Company v. Messrs SO DI.ME,-S.P.A. and another 1987 MLD 2832; Syed Arshad Ali v. Sarwat Ali Abbasi 1988 CLC 1350; Mst. Zohra Begum v. Messrs Abdul Razak and Co. and 10 others 1984 CLC 1643; Union of India v. Birla Cotton Spinning and Weaving Mills Ltd. AIR 1967 SC 688; M/s National Small Industries Corporation Ltd., New Delhi v. M/s Punjab Tin Printing and Metal Industries Ajraunda, Faridabad (Haryan t) and others AIR 1979 Delhi 58 and Ali Muhammad Khan v. Riazuddin Khera PLD 1981 Kar. 170 ref. H.A. Rahmani for Appellants. Ali Mumtaz Shaikh for Respondents. Date of hearing: 26th April, 2011. JUDGMENT MUHAMMAD ATHAR SAEED, J.--- This…

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