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DISTRICT COUNCIL HARIPUR versus ZAHEER ULLAH KHAN


Articles 34 and 39 require the arbitration agreement to constitute legal proceedings The resolution against an order refusing to withhold legal proceedings where a party to an arbitration agreement initiates legal proceedings in relation to the arbitration agreement, the other party Will also have the right to stop such action. To enable arbitration proceeding under the terms of the agreement, however, in order to enable either party to obtain a stay order, some of the provisions of section 34, the Arbitration Act, 1940, must Compliance was a prerequisite. In accordance with the obligations of the parties to the arbitration agreement where the court fails to withhold the application by the party, the order to refuse to stop the legal proceedings falls within the scope and scope of Section 39 (v), the Arbitration Act 1940. And is able to appeal in its favor under Section 39, Arbitration Act, 1940, the appeal was complete in itself and was not in any way affected by the provisions of the AP. Peals in the Civil Procedure Code, 1908

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