Law:

Section:

(a) Arbitration Act (X of 1940)------S. 34---Constitution of Pakistan (1973), Art. 185(3)---Words "taking any other steps in the proceedings" as used in S.34 of Arbitration Act, 1940---Import---Supreme Court granted leave to appeal to consider the true import and significance of such words. (b) Arbitration Act (X of 1940)--- --S. 34---Stay of proceedings in suit---Filing of application under S.34 of Arbitration Act, 1940 by defendant after having availed several adjournments for filing written statement, contested application for interim injunction and applied for rejection of plaint---Validity---Plea of referring matter to arbitrator should be raised promptly at the very first opportunity and delay on any pretext would estop party from seeking stay of proceedings in the suit---Such act of defendant would show his intention to participate and defend suit before Court-Frequent requests for adjournment for filing written statement would fall within ambit of phrase "taking any other steps in the proceedings" as used in S.34 of Arbitration Act, 1940---Defendant had taken positive steps for furtherance of proceedings in suit---Application for stay of' proceedings in suit was dismissed in circumstances. Pakistan International Airlines Corporation v. Messrs Pak Saaf Dry Clearners PLD 1981 SC 553; New Bengal Shipping Company v. Eric Lancaster Stump PLD, 1952 Dacca 22; Nuruddin Abdulhusein v.Abu Ahmed Abdul Jalli AIR (37) 1950 Bomby 127; Subal Chandra Bhur v. Md. Ibrahim and another AIR (30) 1943 Cal. 484 and Badsha Meah Sowdagar v. Nuraul Haq and others PLD 1967 Dacca 250 rel. (c) Arbitration Act (X of 1940)--- ----Ss. 28, 34 & Sched. I, para. 3---Stay of proceedings in suit---Arbitration agreement between parties---Non-fixation of time in agreement for making award by arbitrator---Non-issuance of notice by parties to arbitrator for entering upon reference--Denial of execution of agreement by defendant---Withholding of original agreement from Court, but filing of only copy thereof--Such agreement, if any having been made between parties, stood revoked---No such agreement existed, thus, no reliance could be placed thereon for purpose of staying proceedings in suit.…

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