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NATIONAL SECURITY INSURANCE COMPANY LTD. versus PAK ORIENTAL CARPETS

Placing a case for recovering cases 34 and 39 of the Arbitration Act, 1940, the plaintiff firm sued against the plaintiff / appellant insurance company for the loss of some of the goods held by the plaintiff with the bank. Filed, Plaintiffs filed before the insurance company Under Trial Section 34 it claims that there is a mediation clause in the agreement between the parties, the matter should be restrained and the dispute arbitrators involved in the case. Accordingly, the plaintiff has requested the claim against the defendant that the defendant has entered into the agreement. Denied arbitration clause. The case was not appealed to the plaintiff in the trial, the trial court accepted the plaintiff's request and dismissed the defendant's request for a stay of proceedings and the defendants were referred to the dispute. Despite the plaintiff's request that the plaintiff's firm, the arbitration clause, did not cause any harm. The plaintiff did not deny the agreement, the defendant had a restriction brought by the defendant against the defendants, which could demand the determination of the amount of the alleged damages, even though the arbitrator did not want the plaintiff Could not order payment of the amount fixed by the plaintiff in which the plaintiff's High Court accepted the appeal against the trial court's order. The defendant was discharged to establish the proceedings and to send the case to the arbitrators and the remand was obtained for the decision in accordance with the law. criminal advocate from Morgah lawyer