PAKISTAN INTERNATIONAL BULK TERMINAL LTD. versus MAQBOOL ASSOCIATES (PVT.) LTD.
Section 20 Civil Procedure Code (v. 1908), A XXIII, R 3 The role of the arbitral dispute resolution court During the proceedings under the section 20 of the Arbitration Act 1940 between the parties, the parties entered into a settlement and tried to settle the case under O XXIII. The R3, CPC's correctness court was merely a gateway to a dispute judgment between the parties and not a decision on its own, not an existing regular trial under common law and section 20 of the Arbitration Act, 1940 The court could not resolve the dispute by law. It is not authorized to examine and even comment on disputes / matters between the parties, unless it is a matter of prejudice to either party, the arbitration act on AXXII, R 3, the arbitrator 20 of the CPC, Under 1940 the arbitration case could not be applied. Disputes between the parties were settled accordingly in the terms of the arbitration agreement
Related judgments — Karachi High Court Sindh, 2014