Law: Arbitration Act (X of 1940)

Section: 2(a), 34 , 39 , 29

Arbitration Act (IX of 1940)--- ----Ss. 2(a), 34 & 39---Contract Act (IX of 1872), S. 29---Application for stay of proceedings in civil suit and for reference of subject-matter of dispute in civil suit for arbitration---Essentials---Written agreement-to submit present or future dispute to arbitration must exist as prerequisite for such stay---Matter of dispute was referable only qua parties to arbitration agreement or any party claiming under any of such parties---Application under S.34 of the Act has to be made before filing written statement or taking any further steps in proceedings--Nature of dispute which was to be referred must have been specified or spelt out from arbitration agreement itself---Definite area of dispute must stand defined which parties had agreed to refer to arbitration---Arbitration agreement, which was uncertain, vague, indeterm:nate or indefinite could not be made basis for referring any dispute to arbitration---Agreement between parties did not specify as to what disputes were referable to arbitration ---Abitration clause in agreement being uncertain, meaningless and vague as to its scope, same was not arbitration agreement at all---No exception could be taken to the view taken by Trial Court that arbitration clause in agreement was vague---Such agreement could not form basis for moving application under S. 34, Arbitration Act, 1940.   Pakistan International Airlines Corporation v. Messrs Pak Saaf Dry Cleaners PLD 1981 SC 553; Printers (Mysore) (Private) Ltd. v. Pothan Joseph AIR 1960 SC 1156; Anjuman Faizul Islam (Regd.), Rawalpindi through Secretary v. Messrs Building Artisans Ltd. and another PLD 1994 Lah. 122; Universal Life & General Insurance Co. Ltd. Lahore v. Ejaz Mahmood PLD 1978 Lah. 475; Abdul Qayyum Khan v. Government of Punjab through Secretary, Local Government and Rural Development Department and another PLD-1995 Lah. 205; Messrs Eckhardt & Co. Marine GmbH v. Muhammad Hanif PLD 1993 SC 42; Messrs Rupali Polyester Ltd. v. Dr. Nael G. Bunni and others PLD 1994 Lah. 525; Amanullah Piracha and another v. Mrs. Tasneem Baig and another 1988 MLD 1552; Heyman and another v. Darwins Ltd. _(1942) 1 All ELR 337;…