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Civil Petition No. 17‑K of 1985, decided on 11th August, 1986.
(On appeal from the judgment and order of the High Court of Sind at Karachi, dated 5‑9‑1984 passed in High Court Appeal No. 74 of 1984).
‑‑‑Art. 185(3)‑‑Arbitration Act (X of 1940), S. 20‑‑Petitioner's application for issuance of direction to respondent to file arbitration agreement dismissed by High Court holding that there was no concluded agreement between parties much less any arbitration agreement‑‑Order impugned‑‑Petitioner failing to satisfy Court that there existed any contract incorporating arbitration agreement‑‑Petition for leave to appeal dismissed.
Petitioner in person.
Nemo for Respondents.
Date of hearing: 11th August, 1986.
The petitioner moved the Sind High Court under section 20 of the Arbitration Act and prayed that the respondents be directed to file the arbitration agreement in Court and thereafter the dispute between the parties be referred to arbitration in accordance with the arbitration agreement. The application was resisted and the respondent's denied the existence of any arbitration agreement. A learned Single Judge of the High Court dismissed the application by order, dated 5‑9‑1984 holding that there was no concluded agreement between the parties much less any arbitration agreement. A certificate was produced on behalf of the respondents from the Peoples Republic of China confirming that the alleged contract, dated 5‑7‑1983 was not approved/confirmed by the Chinese Government. The petitioner filed appeal against t1e said order which was dismissed by a learned Division Bench of the High Court on 7‑11‑1984.
2. We heard the petitioner who appeared in person. He was unable to satisfy us that there existed any contract incorporating any arbitration agreement as found by the learned High Court. No question of law arises in the petition, which is dismissed accordingly.
M.I. Petition dismissed.
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