ORDER SHEET

IN THE HIGH COURT  OF SINDH, AT KARACHI

Suit No.834/06

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Date                             Order with signature of Judge

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1. for ORDER ON CMA 5499/09

2. for ORDER ON CMA 5500/09

17.12.2009.

            Mr. Hakim Ali Chohan, Advocate for plaintiff.

Mr. Murtaza Wahab,  Advocate for defendant.

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1.         Through this application the defendant seeks extension of time in filing written statement in the event application   for referring the matter to arbitration is dismissed. Alongwith this application an other application under Section  34 of the Arbitration Act has been filed. It is pertinent to mention here that earlier application under Section 34 of the Act was also dismissed for non-prosecution and the restoration application  was dismissed. Three years have elapsed but the suit has not proceeded. Enough time has been consumed on restoration of the arbitration application.  I have gone through the clause on the basis of which the application u/s 34 of the Arbitration Act has been  again moved. This clause is  part of the  conditions printed  on the  back of the Application Form. The clause is quite vague.

Since the Defendant has also sought  extension in time  for filing written statement, two weeks’ time is allowed for such purpose; failing which the defendant shall be debarred from filing  written statement.  Resultantly CMA  5500/09 is dismissed.

                                                                                    JUDGE

sharif