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SHIPYARD K. DAMEN INTERNATIONAL versus KARACHI SHIPYARD AND ENGINEERING WORKS LTD.

Section 20 Civil Procedure Code (v. 1908), A XXXIX, Rr 1, 2 and 4 Specific Relief Act (I of 1877), Section 12 Agreement ad interim order, arbitration agreement entered into a court suit for specific performance of contract leave The request to make was a matter of supply of arbitration clause and bank guarantee upon reaching the parties in which the dispute arose in relation to the supply of goods between the parties; the application under section 20 of the Arbitration Act, 1940 It was filed with a petition for registration that the defendant should be prevented from expiring the bank guarantee until the matter is settled in arbitration. The ad interim order was not approved until the defendant withheld the injunction bank guarantee The defendant applied for leave of the order. The arbitration and other bankruptcy protection contract contains a clause regarding arbitration and when there was a dispute between the parties, referring to the arbitration was a natural and legal way, even with the question of concealing the bank guarantee. That is, the guarantee itself states that in this case the unconditional buyer / respondent was the sole judge to decide whether the seller / claimant had entered into a purchase agreement and fulfilled the terms and conditions. In view of this type of supply, the defendant had no legal justification to prevent the bank guarantee from being enclosed. That the dispute could be decided and the claim and the obligation was not sufficient to interfere with the unanimous period of the defendant being the sole judge of the performance of the arbitration, section 20 of the Arbitration Act, 1940 Central application filed under the court with famous lower court advocate from Mirpur (AJK) lawyer