Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX, 1, 2, O.XL

Law: Arbitration Act, 1940

Section: 21, 22, 23, 34

(a) Civil Procedure Code (V of 1908) O. XXXIX, Rr.l & 2---Intrim injunction, grant of---Consent of the parties---Where both the parties agreed not to create third party interest and maintain status quo, temporary injunction was allowed in said terms. (b) Civil Procedure Code (V of 1908) O. XL, R. 1---Appointment of Receiver---Scope---Defendant was 50 owner of the suit property but was receiving rent of one shop and was in possession of the other---Effect---Dispossessing the defendant being harshest step, High Court, directed the defendant to deposit the rent of the shop received by him in the Court regularly---Application for appointment of Receiver was disposed of accordingly. (c) Arbitration Act (X of 1940) Ss. 21, 22, 23 &.34---Arbitration---Referring the matter to arbitrator by Court---Scope---Where one of the parties was not ready and willing for the same, the matter could not be referred to arbitrator especially when the defendant failed to invoke the provisions of S.34 of the Arbitration Act, 1940 for the stay of said proceedings and to seek directions for reference to arbitration---Application was dismissed in circumstances.                                                                                                                                                             ORDER 1 and 2. This order will dispose of the applications for injunction as well as for appointment of receiver in respect of the Suit Property Shops Nos.4 and 5 situated on Plot No.91-C, Jami Commercial Street-II, Phase-VII (Extension), Defence Housing Authority, Karachi, which was purchased by the plaintiff and the defendant jointly. It is the case of the plaintiff that the defendant has dispossessed the servants of the plaintiffs, who are residing at Quetta and occupied both shops. It…