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Muhammad Sabir vs Sheikh SAROSH IFTIKHAR S — 2024 CLD 938 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLD 938 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLD
Parties
Muhammad Sabir vs Sheikh SAROSH IFTIKHAR S
Subject matter
Civil
Provisions referred to
S. 20---C; S. 20; Civil Procedure Code (V of 1908)

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

Muhammad Sabir VS Sheikh SAROSH IFTIKHAR S. 20---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---arbitration clause, invoking of---Termination of agreement---Interim injunction, grant of---Petitioner/Foundation was aggrieved of referring the matter between parties to arbitrator in view of arbitration clause and issuance of interim injunction in favour of respondent/land developer---Plea raised by petitioner / Foundation was that agreement between the parties was terminated while invoking arbitration clause in the agreement---Validity---Termination of contract by itself did not render arbitration clause redundant---Even in case of termination of contract by one of the parties, matter could still be referred to the arbitrators by the Court in terms of S. 20 of arbitration act, 1940---Temporary injunction was rightly granted in favour of respondent / land developer subject to deposit of remaining sale consideration in toto in the Court, which was so deposited---For grant of temporary injunction one has to show existence of prima-facie case, balance of convenience and irreparable loss---Respondent/land developer remained successful in such test---High Court in exercise of revisional jurisdiction declined to interfere in the order passed by Trial Court---Revision was dismissed, in circumstances.

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