2005 CLC 882 LAHORE-HIGH-COURT-LAHORE

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NURICON UNION (PVT.) LTD. through Officer Incharge, Islamabad VS MUHAMMAD NASAR SAJJAD Arbitration Act 1940--34 , Constitution of Pakistan 1973--199 , Constitutional petition--TERM , Islamabad Rent Restriction Ordinance 2001--17 , --S. 17---Arbitration Act (X of 1940), S.34---Constitution of Pakistan (1973), Art.199---Constitutional petition---Ejectment application---Stay of proceedings---Arbitration clause, invoking of---Rent Controller allowed the application and eviction order was passed---Grievance of tenant was that there was arbitration clause in the agreement between the parties and despite filing of application for invoking the arbitration clause, the Rent Controller did not stay the proceedings---Validity---Tenant did not file the application under S.34 of Arbitration Act, 1940, in civil Court but he had filed the application before Rent Controller which was not a civil Court---Rent Controller acted in quasi-judicial capacity and not as a Court---Petition was dismissed in limine.