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SERULEAN (PVT.) LTD., KARACHI versus BHOJA AIRLINES (PVT.) LTD.


Arbitration Act 1940 Section 34 Civil Procedure Code (V8 1908), O VII, R 2, O XXXVIII, R 5 & O XXXIX, RR l, 2 Special Relief Act (of 1877), Section 54 Suit of Receipt and Permanent Order The arbitration agreement was granted by the defendants for the establishment of a legal proceeding, requesting the application for a stay on the application for acceptance filed under section 34, the arbitration act 1940, on the ground that the defendant resisted. Aliyah filed an affidavit upon the petition filed by the claimant under O XXXIII R 5 and O XXXXIX, Rr 1 & 2, the CPC had taken action in the proceedings, so their application was filed by law. Z was not enforceable The actions opposed to the injunction petition filed by the defendants were not considered a step in the proceedings to prevent the defendant from granting immunity from the provisions of Section 34, Arbitration Act, 1940. Who entered into arbitration n The agreement with all knowledge cannot be allowed to defeat the arbitration clause

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