| Case ID |
0af8a9f8-1c1c-4a02-b6c9-239c53d03ce9 |
| Body |
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| Case Number |
Suit No.898 of 1997 |
| Decision Date |
Dec 01, 2008 |
| Hearing Date |
|
| Decision |
The plaintiff filed an application under section 20 read with section 8 of the Arbitration Act, 1940, seeking the defendants to file the Arbitration Agreement in court and to appoint an arbitrator to resolve the dispute regarding his share in the partnership. The High Court recognized the existence of the partnership deed dated 1-4-1965, which included an arbitration clause. The court noted that three conditions must be satisfied before referring the matter to arbitration: the existence of an arbitration agreement, the existence of a dispute under that agreement, and no proceedings having commenced under Chapter II of the Arbitration Act, 1940. The court found that all three conditions were met, allowing the application as prayed, and directed the defendants to file the arbitration agreement within fifteen days and submit the names of arbitrators. The suit was disposed of accordingly. |
| Summary |
In this case, the Sindh High Court addressed a dispute concerning the partnership agreement and the entitlement of the plaintiff, MUHAMMAD UMAR, to a share of the profits. The application was made under the Arbitration Act, 1940, focusing on the need for arbitration due to existing disputes regarding the partnership's operations and the plaintiff's claims. The court emphasized the necessity of adhering to the arbitration agreement stipulated in the partnership deed. The ruling reinforced the importance of arbitration in resolving partnership disputes and outlined the conditions that must be fulfilled for arbitration to proceed. The decision highlights the significance of contractual obligations and the legal framework governing arbitration in Pakistan, making it a key reference for similar cases in the future. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NADEEM AZHAR SIDDIQI, J
|
| Lawyers |
Arif Bilal Sherwani,
Nemo
|
| Petitioners |
MUHAMMAD UMAR
|
| Respondents |
YAR MUHAMMAD through Legal Heirs and others
|
| Citations |
2009 SLD 479,
2009 CLC 348
|
| Other Citations |
Not available
|
| Laws Involved |
Arbitration Act, 1940
|
| Sections |
8,
20
|