IN THE COURT OF IMRAN SHIEKH, CIVIL JUDGE, LAHORE

Civil Suit No._____________/2014

M/S HALMORE POWER GENERATION COMPANY LTD

VERSUS
NTDCL
SUIT FOR DECLARATION

EN AND

PERMANENT INJUNCTION

APPLICATION UNDER SECTION 34 OF ARBITRATION ACT, 1940

Respectfully Sheweth;
1.

That the above titled Suit is pending adjudication before this Court and fixed for
today.

2.

That Respondent/ Plaintiff have filed the Suit for Declaration and Permanent
Injunction for resolution of dispute arises out of the terms of the Power Purchase
Agreement (PPA) dated 28.04.2007 duly executed between the parties as
admitted by the Respondent/ Plaintiff.

3.

That the relationship between the parties is governed under the said PPA. Article
18 of the PPA provides the Dispute Resolution Mechanism and it is agreed
between the parties that in case the Dispute arises, the parties shall resolved the
same through Negotiation, Meditation and Arbitration.

4.

That as the PPA is valid legal document entered into by the parties with their free
consent therefore the Respondent/ Plaintiff is precluded to file the titled suit
before this Court, hence the proceeding of the titled suit be stayed and the
Respondent/ Plaintiff is directed to resolve the matter/ dispute as per agreed
Clause of Dispute Resolution under the PPA.

5.

That the affidavit of the Applicant is attached herewith.

PRAYER
In the light of above submission it is most humbly prayed that Application under Section
34 of Arbitration Act 1940 may please be accepted and the proceeding of the Suit M/s
Halmore Power Company Vs NTDCL may kindly be stayed.

Humble Applicant

Through

Sheikh Muhammad Ali

Advocate High Court

Mubashra Khalid
Advocate High Court
Corporate & Legal Consilium
13-Ratan Chand Road, Lahore

IN THE COURT OF IMRAN SHIEKH, CIVIL JUDGE, LAHORE

Civil Suit No._____________/2014

M/S HALMORE POWER GENERATION COMPANY LTD

VERSUS
NTDCL
SUIT FOR DECLARATION EN AND PERMANENT INJUNCTION

APPLICATION UNDER SECTION 34 OF ARBITRATION ACT, 1940

Affidavit of

________________________________________________.

I, the deponent named here in above, do solemnly undertake on oath as under:1. That this affidavit is being sworn as integral part of the Application captioned
above and therefore the contents of the Application may please be read as part and
parcel of this affidavit.
2. That the contents of the Application are true and correct to the best of my
knowledge and belief.
3. That the contents of the affidavit are verified by the deponent to be true and
correct.
4. That this affidavit is being made at Lahore on 02.01.2015.

Humble Deponent