Law: Arbitration Act (X of 1940)

Section: 34

Law: Civil Procedure Code (V of 1908)

Section: 16

  Arbitration Act (X of 1940)--- S. 34 --- Sindh Chief Court Rules (O.S.), R.22 --- Reference to arbitration---Condition precedent --- Dispute to be referred to arbitration should be touching the terms and conditions contained in the agreement concerned --- Where dispute between parties was not in regard to term s and conditions of contract but was outside the same and where defendants themselves filed written statement and submitted to jurisdiction of Court, dispute between them could not be referred to arbitration. High Court Appeal No. 135 of 1990 ref. Civil Procedure Code (V of 1908)--- S. 16(c) --- Sindh Chief Court Rules (O.S.), R.22 --- Jurisdiction --- Mortgaged properties were situated in Punjab while agreement in question and document relating to those properties were executed at Karachi --- Suit would be maintainable at Karachi in terms of S. 16, C. P.C. Habib Bank Limited v. Messrs Pazhong Traqders and others 1986 CLC 1086 ref. Sindh Chief Court Rules (O.S.)--- R. 22 --- Suit for recovery of contractual amount --- Amount advanced by plaintiff was admitted in terms of agreement --- Security for re-payment of such amount in the form of Promissory Note was executed and properties mentioned in plaint were mortgaged in favour-of plaintiff --- Plaintiff's claim in suit including mark up to specified date stood established --- Plaintiff's suit was decreed against. defendants, jointly and severally for specified amount with up. S. Mamnoon Hasan for Plaintiff. Nemo for Defendant. Date of hearing: 15th August, 1995. ORDER The plaintiff has filed this suit under Rule 22 of the Sindh Chief Court ,Rules (0. S.) for the recovery of Rs . 13,55,6 10, together with mark-up thereon at the rate of Rs.0.43 (forty-three) per Rs.1,000 per day from 1-3-1991 till payment against defendants, jointly and severally by, inter alia, sale of the mortgaged properties. The claim of the plaintiff is that the parties entered into an agreement dated 10-10-1988 at Karachi in terms whereof the defendant No. 1 agreed to supply to the plaintiff their entire production of the cotton ginned and fully pressed during year 1988-89. In consideration of the agreement to supply, the…