NELOFAR SAQIB versus SAIBAN BUILDERS AND DEVELOPERS
Reference to the pending lawsuit filed by Articles 39 and 48 of the Arbitration Act (X of 1940), Section 34 of the Special Relief Act (I of 1877), dissolution of sections 44 and 54, restitution of accounts, appointment of the recipient, and subpoena of the order. Given that, the defendants filed petitions under section 34 of the Arbitration Act, 1940, so that the plaintiff could be referred to the relevant arbitration forum in accordance with a clause in the Partnership Deadline. The defendants had made allegations of fraud where one was accused of fraud. The party against the other; and if this case demonstrates substantial, heavy and credible allegations, then the case should be tried instead of presenting the arbitrator for a decision in the court, in the present case the defendant Defendants have been charged with fraud, which should be decided by law rather than by court only for arbitration proceedings
Related judgments — Karachi High Court Sindh, 2011
