Case Details

Citation(s)
2009 SLG 124 2009 SLD 124 2009 MLD 1294
Sindh High Court
Suit No.1324 of 2007, heard on 15-05-2009
MUHARREM G. BALOCH, JUSTICE
Raja Qasit Nawaz Khan for Plaintiff. Kashif Hanif for Defendants.

MRS. FARASAT UMER

VS

MESSRS ORIENT ELECTRONICS (PVT.) LTD.

Law: Companies Ordinance, 1984

Section: 7

(a) Companies Ordinance (XLVII of 1984)---Ss. 7, 8, 9 & 283-Territorial jurisdiction of Court---Arbitration matter---Defendant company had its registered office at "L" while registered office of plaintiff company was at "K" and agreement was also entered into by the parties at "K"---Provisions of Ss. 7, 8, 9 & 283, Companies Ordinance, 1984, were not applicable to the case of the parties and jurisdiction of Court at "K" was not barred. (b) Arbitration Act (X of 1940)--- ----S. 8---Appointment of arbitrator by court---Agreement between the parties did not contain arbitration clause, but defendant had accepted the arbitration through its conduct and correspondence---Suit of the plaintiff to the effect that arbitrator appointed by defendant having declined to work" as such, defendant be directed to appoint another person as arbitrator and refer the case to arbitration for resolution of the issue between the parties, was decreed by High Court. Mst. Shamim Akhtar v. Najma Baqai and 3 others PLD 1977 SC 644; Messrs Tribal Friends Co. v. Province of Balochistan 2002 SCMR 1903; Messrs Ahmed Constructions through Sole Proprietor v. Messrs Nepture Textile Mills and another PLD 1990 Kar. 216; Province of Punjab and another v. Messrs Industrial Machine Pool, Lahore PLD 1978 Lah. 829; Shan Muhammad v. Nawab and 3 others PLD 2001 Lah. 239; (Jugal Kishore Rameshwardas v. Mrs. Goolbai Hormusji AIR 1955 SC 812; Haji Ilyas Haji Issa and others v. Haji Ahmed and others NLR 1980 UC 181; Firm Manga Chand Banawari Lal v. Fir Pyare Lal AIR (36) 1949 East Punjab 199; Ram Chandra Ram Nag Ram Rice 7 Oil Mills Ltd. v. Howrah Oil Mills Ltd. AIR 1958 Calcutta 620; Muhammad Hussain and others v. Ghulam Rasool 1983 SCMR 231; Karachi Cooperative Housing Societies Union Ltd. v. Safia Bai PLD 1970 Kar. 379; Messrs Valika Textile Mills Ltd. v. Messrs Sh. Mian Mahmood Allah Bakhsh PLD 1963 (W.P) Kar. 813; Haji Soomar Haji Hajjan v. Muhammad Amin Muhammad Bashir Ltd. 1981 SCMR 129 and Karachi Catholic Cooperative Housing Society Ltd. v. Mirza Jawad .Baig PLD 1994 Kar. 194 fol. Messrs Macdonald Layton & Co. Ltd. v. Messrs Associated Electrical Enterprises Ltd. PLD 1982 Kar. 786; Mst.…
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