PUSHPA BAGLA Vs. JAGDISH PD VERMA

JUDGEMENT

(1.) The Arbitration Petition 362/2005 is an application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') for appointment of an Arbitrator. IA No.10333/2005 is an application filed by the petitioner under Section 9 of the said Act for interim measures. IA No.1302/2006 is an application filed on behalf of the respondents for cancellation of the status quo order dated 19.12.2005 passed by this court on the petitioner's said application under Section 9 of the said Act.

(2.) The counsel for the parties have been heard. It appears that the parties entered into three separate Memorandums of Understanding (MoUs) which are at pages 15, 23 and 30 of the paper book. All the three MoUs are of the same date, i.e., 15.10.2005. Insofar as the first MoU, which is at page 15 of the paper book is concerned, the learned counsel for the respondents has stated that he has no objection to the carrying out of the transaction mentioned therein and executing the sale deed in respect thereof in favour of the petitioner. As such, there is no dispute with regard to this MoU and, therefore, there is no question of reference to an Arbitrator.

(3.) Insofar as the MoU which is at page 15 of the paper Book is concerned, the same has to be excluded from the purview of the present proceedings. The counsel for the parties are agreed that the transaction under the first MoU which finds place at page 15 of the paper book shall be completed within 15 days.