Sheikh Muhammad Zulfiqar vs Malik Sheraz Zafar S — 2024 YLR 2605 ISLAMABAD

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Sheikh Muhammad Zulfiqar VS Malik Sheraz Zafar S. 12---arbitration act (X of 1940), S. 34---Civil Procedure Code (V of 1908), S. 115---Suit for specific performance of agreement to sell---arbitration---Stay of proceedings---Principle---Petitioner / plaintiff filed suit for specific performance of agreement to sell and proceedings in the suit were stayed by Lower appellate Court in exercise of jurisdiction under S.34 of arbitration act, 1940---Validity---Provision of S.34 of arbitration act, 1940, has been enacted to make arbitration agreements effective and prevent a party from going to Court contrary to his/its own agreement---Where parties had agreed to refer disputes to arbitration, Court should as far as possible, give an opportunity for resolution of disputes through arbitration rather than by judicial adjudication---Powers vested in Court to grant stay under S.34 of arbitration act, 1940, is entirely a matter of discretion of Court---Court must not ignore to see that parties are held to their bargain and promote sanctity of contracts/ agreements---application under S.34 of arbitration act, 1940, merits rejection, when in such application, there are no averments as to the applicant's readiness and willingness to have the disputes resolved through arbitration---Court has jurisdiction to entertain the suit, however, the Court in its discretion may stay the proceedings in the suit and also consider whether the discretion should be exercised in a particular case or not---Provision of S.34 of arbitration act, 1940, does not make it obligatory on the Court to necessarily refer the dispute to arbitration and may exercise the discretion to stay the proceedings if it is satisfied that there is no sufficient reason why the matter should not be referred to in accordance with the arbitration agreement---High Court declined to interfere in the matter and maintained the order passed by Lower appellate Court---Revision was dismissed in circumstances.

Sheikh Muhammad Zulfiqar vs Malik Sheraz Zafar S — 2024 YLR 2605 ISLAMABAD

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