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ABDUL MUQTADIR versus MUMTAZ BEGUM


O XXXIX, rr 1 8t 2 and the Arbitration Act (X of X of 1940), the section 32 injunction suit that is being sued to challenge the award based on the award obtained by a competent fraudster in which they The balance of convenience and the plaintiff suffer in favor of the plaintiff. If the interim order is vacated by the combination of the order issued by the High Court, irreparable harm will be substantiated in view of the extraordinary facts of the case.

1981 C L C 1271

[Karachi]

Before Ajmal Mian, J

Hafiz ABDUL MUQTADIR AND ANOTHER‑Plaintiffs

versus

Mst. M7iMTAZ BEGUM AND 4 others--Defendants

Suit No. 124 of 1980, decided on 26th April, 1980.

(a) Arbitration Act (X of 1940)‑-----

‑‑ S. 32 and Civil Procedure Code (V of 1908), O. VII, r. 11‑Suit Indep‑rendent relief not involving determination of existence of arbit ration agreement or an award or their effect, held, not barred by S. 32 of Arbitration Act and subsequent acts after acceptance of award can be subject‑matter of suit.‑[Award].

M. Moosa v. Muhammad and others 1975 S C M R 115; Khan Azizul Hassan Khan v. Haji Muhammad Ismail P L D 1972 Lah. 142; Sanwaldas v. Dharmumal and another 1973 S C M R 434 and Messrs Badri Narayan Agar wala v. Messrs Pak Jute Balers Ltd. P L D 1970 S C 43 ref.

Abdul Karim v. Mirza Bashir Ahmad P L D 1974 S C 61 rel.

(b) Civil Procedure Code (V of 1908)‑----

--------O. XXXIX, rr. 1 8t 2 and Arbitration Act (X of 1940), S. 32‑. Injunction ‑ Suit to challenge decree obtained on basis of award obtained by fraud‑Competent‑Plaintiffs having a prima facie case‑ Balance of convenience lying in their favour and plaintiff likely to suffer irreparable loss if injunction granted by High Court vacated‑Ad Interim injunction confirmed in view of unusual facts of case. [Injunction‑Fraud].

Malik Umer Hayat Tiwana etc. v. Malkani Sahibzadi Tiwana etc. P L D 1978 Lah. 1253 ref.

Abdul Majid Khan for Plaintiff.

Dewan Bashir Ahmad for Defendants Nos. 1 and 2.

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