2020 PLP 1349 (CLC)

ABDUL HAMEED BALOCH, J.

This order shall dispose of Constitution Petition No.1179 of 2019, which is directed against the orders dated 18.12.2018 and 04.10.2019, respectively passed by the Civil Judge-IV, Quetta (trial Court) and Additional District Judge-VII, Quetta (Revisional Court), whereby the 'Suit for Declaration and Permanent Injunction, filed by the petitioner/plaintiff was stayed and the matter was referred for arbitration between the parties as per Arbitration clause of the Constitution of Pakistan Table Tennis Federation by the trial court and Revision Petition filed thereon was dismissed by the Revisional Court.

2. Brief facts of the case are that the portioner/plaintiff filed a Suit for Declaration and Permanent Injunction before the trial court with the averments that he became Honorary General Secretary of Balochistan Table Tennis Association after conduct of elections, held on 25.02.2016 for a period of four years; that Pakistan Table Tennis Federation is affiliated with Table Tennis Association Organization and supervising the sports in accordance with the principles laid down in the Constitution of Balochistan Table Tennis Federation being governed by Societies Registration Act, 1860; that he also remained Treasurer of Balochistan Olympic Association before becoming Honorary General Secretary of Balochistan Table Tennis Association but the General Secretary of Balochistan Olympic Association without adopting the prescribed procedure and affording any opportunity of hearing declared affiliation of petitioner as bogus in violation of constitution of Pakistan Table Tennis Federation; that the affiliation of petitioner was also confirmed by National Sports Federation duly affiliated with Internal Federation recognized by International Olympic Committee; that the election of Balochistan Table Tennis Association was scheduled on 07.01.2018, but without notice to the plaintiff by respondent No.3 and one day before the said elections, declared the affiliated body of Balochistan Table Tennis Association as defunct and documents were declared as bogus and fake without intimation and hearing the plaintiff only on the ground that no information of election of Balochistan Table Tennis Association was given and documents are fake and bogus, therefore petitioner claimed the following relief in the suit: A. To declare that plaintiff is lawful elected body through the minutes of general council of Balochistan Table Tennis Association dated 25.02.2016 and lawfully confirmed and recognized Pakistan Olympic Association vide letter P0A-211/B0A/1096 datgd 4.7.2016 and as General Secretary Balochistan Table Tennis Association and further declared that letter issued by Secretary General BOA dated 2.1.2018 and 6.1.2018 are illegal, unlawful and without lawful authority. B. To declare that affiliation of plaintiff is restored with Balochistan Table Tennis Association as General Secretary BTTA. C. To suspend the letter issued by defendant No.3 dated 2.1.2018 and 6.1.2018 and restrain from issuance of any letter without the due course of law. D. Any other relief for which no specific request has been made but deems fit and proper by this honorable court in the circumstances of the case in the interest of justice, with cost of suit may also be awarded in favour of plaintiff in the interest of justice.

3. Instead of filing written statement the respondents Nos.2 and 3 filed an application under Section 34 of Arbitration Act, 1940 (hereinafter referred "the Act") for stay of proceedings with following prayer: "It is, therefore, respectfully prayed that under above stated circumstances, submissions made therein and keeping in view election held by plaintiff in violation of Balochistan Sports Board Act, 2009, Provincial Sports Policy 2008 and Constitution of Pakistan Table Tennis Federation as well as Arbitration clause provided in the Constitution of PTTF to resolve the dispute between rival provincial associations through nomination of Arbitrator, this Hon' able court may kindly be pleased to stay proceeding of instant suit, in the interest of justice, equity and good conscience. "

4. The petitioner contested the application by filing reply. After hearing both the parties the trial court accepted the application vide impugned order and stayed the proceedings while referring the matter to the arbitrator.

5. Feeling aggrieved of the above order passed by the trial court, the petitioner preferred a Revision Petition before Additional District Judge-VII, Quetta. The Revisional Court upheld the order passed by the trial court and dismissed the Revision Petition.

6. Heard. Record perused. The record reveals that despite contesting the application under Section 34 of the Act, the petitioner also submitted application dated 18.09.2019 to the President Pakistan Table Tennis Federation through courier service for appointment of Arbitrator under the provision of the Constitution of Pakistan Table Tennis Federation chapter 5, clause 13.

7. Section 34 of the Act being relevant is reproduced herein below:

34. Power to stay legal proceedings where there is an arbitration agreement. Where any party to an arbitration agreement or any person claiming under him commences any legal proceedings against any other party to the agreement or any person claiming under him in respect of any matter agreed to be referred, any party to such legal proceedings may, apply to the judicial authority before which the proceedings are pending to stay the proceedings, and if satisfied that there in no sufficient reason why the matter should not be referred in accordance with the arbitration agreement and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary, to the proper conduct of the arbitration such authority may make an order staying the proceedings.

8. The Constitution of Pakistan Table Tennis Federation contains arbitration clause, which reads as follows: Arbitration:

1. All disputes arising out of the working, functioning and performance of the federation the affiliated voting members and their constituent District Association, Clubs or other recognized playing centers, their members and functionaries shall be resolved through arbitration.

2. No person, organization or institution connected with table tennis in any manner shall take any dispute to any court of law in Pakistan before exhausting the forums of dispute resolution under the PTTF constitution.

3. The concerned provincial association shall deal with the dispute at district association and club level or at the level of other recognized playing centers.

4. The federation shall resolve dispute at the provincial level.

5. The concerned provincial association and the federation where the case warrants shall appoint arbitrator in accordance with law of arbitration to resolve the dispute.

6. The dispute within the federation shall be referred to Pakistan Olympic Association who shall decide it through arbitration as provided in the Constitution of Pakistan Olympic Association.

7. The decision of arbitrator shall be binding on concerned person/parties.

9. Thus, in view of Section 34 of the Act the court has a power to stay legal proceedings while referring the matter to the arbitrator as under the referred arbitration clause of the Constitution of Pakistan Table Tennis Federation, the petitioner has the appropriate remedy to approach the Arbitration forum. For the above reasons, we are of the considered view that both the courts below have not committed any illegality in passing the impugned orders. For the above reasons the constitution petition being devoid of merits is dismissed in limine. SA/161/Bal. Petition dismissed.