FARMERS' EQUITY PRIVATE LIMITED (FEP) MULTAN versus MEHBOOB ALAM
A VII, R 2 and O XXIII, R 3 Arbitration Act (X of 1940), Articles 34, 14, 17 and 21-25 Defendants for trial in the presence of an arbitration agreement between the parties to the restoration. Had a request. The arbitration agreement entered into by the parties after the date of the institution of the suit suit was subsequently referred to by the parties for arbitration without leave of the court which after the institution of the arbitration section 34. Was according to The Act 1940 was restricted to matters in which the case was set up after the agreement to refer to arbitration, the pending case was provided in sections 21 to 25 of the Arbitration Act 1940, which referred to arbitration. Was awarded and the award was received. Without a court intervention, the case was pending and according to Sections 14 and 17 of the Arbitration Act, such award could not be made a court rule. Under the provisions of Order XXIII, Rule 3, CPC, at any time before any final decision, the parties were not obliged to decide their case by mutual agreement under which the existence of a legal agreement was subject to these conditions. Was one of the prerequisites for the application of. The arbitration agreement could not be classified as a legal agreement without the court's order in the pending case on departure from the mandatory provisions of Articles 21 to 25 of the Arbitration Act, 1940 and eligible under Section 34 of the Arbitration Act, 1940 The application request was rejected Appeal dismissed by trial court
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