| Case ID |
14fdf5cf-26bd-47a6-9657-18014bfae1d6 |
| Body |
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| Case Number |
High Court Appeal No. 135 of 1990 |
| Decision Date |
Feb 06, 1994 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the order of the Trial Court staying the suit was recalled. The court emphasized that when deciding an application under section 34 of the Arbitration Act, it must look at the pleadings in the plaint rather than statements in the application. The case involved a promissory note for recovery of a claimed amount against the defendants in a summary manner, with no disputes that could be referred to arbitration under the agreement between the parties. The court concluded that the stay application was not maintainable, and the parties had not raised any dispute regarding the terms and conditions of the agreement prior to the stay application. |
| Summary |
In this case, the Sindh High Court addressed the appeal concerning the Arbitration Act and the Civil Procedure Code regarding a promissory note. The court analyzed the validity of a stay application under section 34 of the Arbitration Act, concluding that there were no disputes warranting arbitration. The case revolved around a financial agreement for cotton production, emphasizing procedural integrity in civil suits. Legal representatives for both parties presented their positions, but the court focused on the written pleadings rather than extraneous statements. Ultimately, the decision reinstated the original suit proceedings, reflecting the court's commitment to uphold contractual obligations and the importance of clear terms in legal agreements. |
| Court |
Sindh High Court
|
| Entities Involved |
COTTON EXPORT CORPORATION OF PAKISTAN (PVT.) LTD.,
M/s. ASIF COTTON GINNERS
|
| Judges |
IMAM ALI G. KAZI,
SYED KHURSHEED HAIDER RIZVI
|
| Lawyers |
Saleem Thepdewala,
Bilal Khawaja
|
| Petitioners |
COTTON EXPORT CORPORATION OF PAKISTAN (PVT.) LTD.
|
| Respondents |
,
M/s. ASIF COTTON GINNERS
|
| Citations |
1995 SLD 1080 = 1995 CLC 1024
|
| Other Citations |
AIR 1917 Sindh 12,
AIR 1954 Bom. 174,
PLD 1968 Dacca 361
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Arbitration Act (X of 1940)
|
| Sections |
O.XXXVII, R. 3,
S. 34
|