' MIAN SAQIB NISAR, J.---The present appeal as also F.A.O. No.174 of 2004, are being disposed of together, as both involve common questions of law and facts.
2. Admittedly, the respondent was awarded some construction work by the appellant and in terms of the agreement between the parties, if a dispute arose between them, it could be settled through the arbitration. However, before invoking the arbitration clause, the contractor/ respondent was obliged to approach the Secretary of the Society, in the first instance and thereafter the President.
According to the respondent, these steps were taken and being unsuccessful, he moved an application under section 20 of the Arbitration Act, which has been contested by the appellant and has been allowed by the learned trial Court vide order dated 25-5-2004.
2-A. Learned counsel for the appellant by relying upon the cases reported as Board of Intermediate and Secondary Education Multan v. Fine Star & Company Engineers & Contractors (1993 SCM R 530), states that without complying the prerequisites of applying to the Secretary and the President of the Society, the arbitration clause could not be invoked.
3. The record has been requisitioned and perused. Both the above steps have been taken by the respondent, he approached the Secretary vide letter dated 9-12-1998, who refused to entertain the claim of the respondent; thereafter the President was approached but without any success.
Obviously, in such circumstances the respondent was left with no other option except to invoke the jurisdiction of the Court.
4. When questioned today, as to whether the appellant is prepared to nominate the arbitrator within the contemplation of the clause, no specific answer has been given. Be that as it may, I B do