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1986 SCMR 1863

MUHAMMAD ANWAR vs Messrs ASSOCIATED TRADING CO. And Other

Citation1986 SCMR 1863
CourtSupreme Court of Pakistan
Case No.Civil Petition No. 17-K of 1985 High Court Appeal No. 74 of 1984
Date1986-08-10
Judge(s)Muhammad Haleem, Zaffar Hussain Mirza, S. A. Nusrat
ResultI.

ORDER

S.A. NUSRAT, J.--The petitioner moved the Sind High Court under section 20 of the Arbitration Act and prayed that the respondents be directed to file the arbitration agreement in Court and thereafter the dispute between the parties be referred to arbitration in accordance with the arbitration agreement. The application was resisted and the respondent's denied the existence of any arbitration agreement. A learned Single Judge of the High Court dismissed the application by order, dated 5-9-1984 holding that there was no concluded agreement between the parties much less any arbitration agreement. A certificate was produced on behalf of the respondents from the Peoples Republic of China confirming that the alleged contract, dated 5-7-1983 was not approved/confirmed by the Chinese Government. The petitioner filed appeal against t1e said order which was dismissed by a learned Division Bench of the High Court on 7-11-1984.

2. We heard the petitioner who appeared in person. He was unable to satisfy us that there existed any contract incorporating any arbitration agreement as found by the learned High Court. No question of law arises in the petition, which is dismissed accordingly.

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