RASHID AYUB vs TANVIR AHMED KHAN S — 2026 CLD 792 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 CLD 792 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: CLD
Parties: RASHID AYUB vs TANVIR AHMED KHAN S
Subject matter: Criminal
Provisions referred to: S. 34---C; S. 34; Arbitration Act

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

RASHID AYUB VS TANVIR AHMED KHAN S. 34---Constitution of Pakistan, Art. 199(1)(a)(ii)---Constitutional petition---Certiorari, writ of---Scope---Arbitration agreement---Stay of proceedings---Petitioner/plaintiff sought dissolution of a firm and respondents/defendants obtained stay of proceedings under S. 34 of the Arbitration Act, 1940 and the matter was referred to an arbitrator---Order passed by the Trial Court was maintained by the Lower Appellate Court---Validity---Purpose and object of the Legislature in incorporating S. 34 of the Arbitration Act, 1940 is to make an arbitration agreement effective and to prevent a party from approaching the Court contrary to its own agreement that disputes shall be resolved through arbitration---A party to an arbitration agreement is entitled under S. 34 of the Arbitration Act, 1940 to apply to a judicial authority for stay of suit before filing written statement or taking any step in the proceedings so that disputes may be resolved through arbitration instead of Court---Petitioner/plaintiff sought writ of certiorari under Art. 199(1)(a)(ii) of the Constitution and scope of interference by the High Court is limited---Petitioner/plaintiff, in order to invoke extraordinary jurisdiction, had to demonstrate that the impugned order was without lawful authority or suffered from material illegality---Petitioner/plaintiff failed to point out any perversity or material irregularity---High Court declined to interfere as the petition was devoid of merit---Constitutional petition was dismissed in circumstances.

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