BOC PAKISTAN LIMITED versus NATIONAL GASES (PVT.) LIMITED
Section 34 Civil Procedure Code (v. 1908), A XXXVII, R 3 Suit for recovery of money, was to maintain the proceedings in the presence of an arbitration agreement between the parties after which it applied under section 34. Filed. In establishing the arbitration clause in the agreement between the parties under the Arbitration Act, 1940, the defendant claimed that the agreement between the parties had stipulated that all disputes be referred to arbitration, , The trial should proceed. The plaintiffs on the legal basis relied only on the clause of the plea in the application that contained the general rules but failed to identify any dispute if the trial was an independent cause of action and the Arbitration Act 1940 Section 34 did not apply nor was it controversial to continue the investigation, nor was it dishonesty and mere dishonesty due to non-availability of funds that did not have to be resolved through arbitration when any If there was no dispute there would be no mediation and thus it would be irrational and illogical to stop the matter. Because this dispute is a non-existent request, the operation was rejected
Related judgments — Karachi High Court Sindh, 2013
