Law: Arbitration Act, 1940

Section: X,30,34

(a)    Arbitration Act (X of 1940)-------S. 34---Stay of legal proceedings---Principle---For arbitration an applicant must remain ready and willing to properly partake in arbitration proceedings.(b)    Maxim-------Actus curiae neminem gravabit---Meaning---Act of Court should prejudice no man.Abid Jan v. Ministry of Defence 2023 SCMR 1451 rel.(c)    Arbitration Act (X of 1940)-------Ss. 30 & 34---Intra Court Appeal---Suit for recovery of money---Arbitration proceedings---Objection to award---Appellant / plaintiff filed suit for recovery of money from respondent / defendant---During proceedings, respondent / defendant sought stay of proceedings and the matter was forwarded to arbitrator but on his failure to pay requisite fee to the arbitrator matter was delayed---Appellant / plaintiff sought the suit restored but Trial Court after recording of evidence dismissed the suit on ground that it could not have been restored---Validity---Award which had been made after issuance of a supersession order passed by Trial Court was liable to be set-aside---After order of restoring the suit was passed by Trial Court, award could not have been made by an arbitrator even if the matter had been referred back and decided in arbitration---Division Bench of High Court set aside the order passed by Judge in who Chambers of High Court who insisted on the matter only being decided through arbitration proceedings---Division Bench of High Court set aside judgment and decree passed against appellant / plaintiff and the matter was remanded to Trial Court for decision afresh---Intra Court Appeal was allowed, in circumstances.AIR 1957 Patna 712; AIR 1956 Rajhastan 129; AIR 1966 Madhya Pradesh 177; AIR 1959 Bombay 549; AIR 1963 Andhra Pradesh 28; AIR 1958 Madras 420; AIR 1978 Madras 91; AIR 1938 Madras 205; Director Housing, A.G's Branch, Rawalpindi v. Messrs Makhdum Consultants Engineers and Architects 1997 SCMR 988; Muhammad Hanif v. Eckhard and Co. Marine GMBH and 2 others PLD 1983 Kar. 613; 2002 CLD 671; 2009 MLD 1396; WAPDA v. Naeem Trading Co. 1982 CLC 353; Abbasia Cooperative Bank's PLD 1997 SC 3; Abid Jan v. Ministry of…