INDUSTRIAL FABRICATION COMPANY THROUGH M.D. versus MANAGING DIRECTOR, PAK AMERICAN FERTILIZER LIMITED
Section 20 Request to enter arbitration agreement in court The reason for the refusal of the direct filing of the arbitration agreement between the appellant company and the defendant company before the necessary dispute parties was raised by the appellant company Dispute on the payment The defendant makes the payment to the appellant company by paying the full amount of the money due to him and the payment received as a final settlement and the payment to the appellant company after such payment. An application was made to the court under section 20 of the Arbitration Act, 1940. , Alleging that the payment under the contract was not made by the respondent company and an illegal deduction was made, and that the respondent company should be instructed to enter the agreement and refer to the dispute. An order must be passed. Arbitrator Legal Appellant Company The letter in it confirmed the final value of the work under the contract and a complete and final claim was made, including additional work, the settlement presented by the appellant company was clear and unambiguous, without any reservation and The authenticity of such a prejudice offer was recognized and the amount recognized as paid and received by the appellant company, therefore, the claim raised by the appellant company was completely dismissed. And finally the defendant company has not left any existing dispute in which the absence of the current dispute is in court. There was sufficient reason that the High Court rightly stated that the terms of section 20 (4) of the Arbitration Act, 1940, on refusal to file the arbitration agreement directly.
