PUNJAB MASHHAD MEAT COMPLEX vs MASHHAD MEAT INDUSTRIAL COMPLEX S — 2024 CLD 1040 LAHORE-HIGH-COURT-LAHORE

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

PUNJAB MASHHAD MEAT COMPLEX VS MASHHAD MEAT INDUSTRIAL COMPLEX S.34---Suit for recovery of money---Partnership deed---Arbitration clause, invoking of---Stay of proceedings---Communication prior to filing of suit---Appellants/ defendants were aggrieved of dismissal of their application filed under S.34 of Arbitration Act, 1940 for staying proceedings and directing the parties to pursue their remedies in terms of arbitration clause---Plea raised by respondent / plaintiff was that certain notices issued to appellants/ defendants were not responded and in Trial Court they had asked to file written statement---Validity---Request for adjournment for submission of written statement was recorded by Trial Court on the day when the Court was also confirming that the entire attachments to the suit were not available with appellants/defendants and the same were handed over to them on the given day---Trial Court had wrongly construed the intention of appellants / defendants to discard their right to invoke arbitration clause available in partnership deed---Any initial presumption arising against appellants/defendants stood dislodged---Referred communication, prior to institution of suit had no bearing, as S. 34 of Arbitration Act, 1940 provided that an application for stay could be instituted at any time after commencement of legal proceedings---Suit was relied upon for ascertaining the intention to waive off right of arbitration related to period prior to partnership deed which then required the disputes to be resolved through arbitration---Earlier suit of respondent / plaintiff pertained to year, 2014 which was disposed of on 16-02-2015 on the basis of partnership deed formally executed on 07-01-2015---Subsequent suit could not be termed as a continuation of the earlier suit, for the purposes of ascertaining situation in hand---This fact was mistakenly observed by the Trial Court---Preamble of partnership deed gave it a superseding effect besides the fact that specific clause of partnership deed provided that the same constituted the entire understanding between the parties with respect to the subject matter of the partnership deed---High Court in exercise of appellate jurisdiction, set aside the order passed by Trial Court and proceedings in the suit were stayed---Appeal was allowed, in circumstances.

PUNJAB MASHHAD MEAT COMPLEX vs MASHHAD MEAT INDUSTRIAL COMPLEX S — 2024 CLD 1040 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported

Other judgments reported in 2024 CLD