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LAHORE DEVELOPMENT AUTHORITY vs HABIB CONSTRUCTION SERVICES LIMITED S — 2022 CLC 294 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 294 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
LAHORE DEVELOPMENT AUTHORITY vs HABIB CONSTRUCTION SERVICES LIMITED S
Provisions referred to
S. 20---; S. 20

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

LAHORE DEVELOPMENT AUTHORITY VS HABIB CONSTRUCTION SERVICES LIMITED S.20---arbitration---Duty of Court---Live issue, determination of---Respondent filed application before Trial Court to resolve the dispute by appointment of arbitrator---appellant was aggrieved of appointment of arbitrator and direction issued by Trial Court to file arbitration agreement---Validity---Question as to whether dispute or claim raised by respondent was legitimate or not was to be determined through arbitration and dispute between parties fell within prerogative and domain of arbitrator---Mere bald and general denial by appellant by simply stating that no dispute existed did not mean that there was no dispute---Scope of S.20 of arbitration act, 1940, restricted Trial Court to give findings on issues emanating from agreement itself regarding which parties have agreed to resolve through arbitration---Court was only required to satisfy itself regarding existence of a real and alive dispute between the parties---Reference to arbitration could not be a futile exercise and Court could not blindly refer a non-existent dispute to arbitration but it was required to satisfy itself that there was a tangible prima facie dispute between parties which required resolution through arbitration as agreed by parties---Court was empowered to determine itself, if application under S.20 of arbitration act, 1940, was barred by time or not, such was not an issue before Trial Court---all controversies inter se parties fell within the ambit of arbitration under the contract between parties---High Court declined to interfere in the order passed by Trial Court as there existed no sufficient cause within the contemplation of S.20(4) of arbitration act, 1940, to refuse application filed under S.20 of arbitration act, 1940 and making order of reference to arbitrator---appeal was dismissed, in circumstances.

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