Sections 34 and 41 of the Specific Relief Act (of 1877), withholding of section 42 proceedings The arbitral interim injunction sought to stop the proceedings on the ground that the dispute between the parties was the subject of arbitration before the arbitration, the gift and the clear possession. The matter was pending before the arbitrator, so, unless the matter was taken in favor of the plaintiffs, the chances of the plaintiff's success depended on the gift of favor, therefore, the claimant was not entitled to claim before the award. To avoid any misunderstanding of justice by obtaining rent and to gain the rights and interests of the plaintiffs, if arbitration proceedings If any of the arrears is retained or declared, it may be appropriate for the High Court to exercise powers under section 41 of the Arbitration Act 1940. Which provided sufficient jurisdiction for the interim injunction or for the recipient's appointment, the High Court directed the defendant to present the defendants 'proprietary facts with the shops' monthly rental accounts. Therefore, the High Court refused to give the tenants any direction to pay the rent to the plaintiffs, any such order is equivalent to arbitration and negating its intended purpose. In order to prevent arbitration proceedings, the High Court adjourned the trial before it, exercising jurisdiction under 34 of the Arbitration Act, 1940.
Related judgments — Karachi High Court Sindh, 2010
