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TCB AVIATION (PVT.) LIMITED vs SRI LANKAN AIRLINES LIMITED Ss — 2024 PLD 387 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PLD 387 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PLD
Parties
TCB AVIATION (PVT.) LIMITED vs SRI LANKAN AIRLINES LIMITED Ss
Subject matter
Criminal
Provisions referred to
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

TCB AVIATION (PVT.) LIMITED VS SRI LANKAN AIRLINES LIMITED Ss. 3, 4 & Sched., art. II---arbitration act (X of 1940), Ss. 20 & 41---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---arbitration proceedings---Interim injunction, refusal of---Foreign jurisdiction---Scope---Plaintiff was acting as General Sales agent (GSa) in Pakistan on behalf of defendant airline of foreign country---Plaintiff was aggrieved of intention of defendant airline to terminate the agreement---Plaintiff invoked arbitration clause in the agreement and sought referring the matter to arbitration after issuance of interim injunction in its favour---Validity---GSa agreements fulfilled the term “agreement in writing” containing an “arbitral clause” as mentioned in art. II of Schedule of Recognition and Enforcement (arbitration agreements and Foreign arbitral awards) act, 2011---Proceedings were governed by the provisions of Recognition and Enforcement (arbitration agreements and Foreign arbitral awards) act,2011 and not arbitration act, 1940---High Court declined to confirm restraining order granted earlier, as no case was made out by plaintiff for such kind of interim injunctive relief---Subject GSa agreements not only contained foreign arbitration clause but also the governing law was that of foreign country---Plaintiff could avail remedy of interim relief/ protection, under the relevant provisions of laws of foreign country---High Court stayed proceedings of suit filed by plaintiff, under Ss. 3 & 4 of Recognition and Enforcement (arbitration agreements and Foreign arbitral awards) act, 2011, and ad-interim order passed earlier was vacated/recalled---application was dismissed in circumstances.

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