GURVINDER SINGH Vs. MANINDER PAL SINGH

JUDGEMENT

(1.) THE counsel for the respondents states that the reply has been filed. However the same is not on record. The counsel for the petitioners confirms that advance copy of the reply had been received by him. For the sake of expediency, a photocopy of the reply filed by the respondents has been taken from the counsel for the respondents in the Court, perused and kept on record.

(2.) THE respondents had vide Agreement to Sell dated 1st May, 2007 agreed to sell and transfer property No. 7/64, South Patel Nagar, New Delhi to the petitioners. During course of hearing it has transpired that the typed copy of the said Agreement to Sell filed as Annexure A-1 to the petition has certain typographical errors particularly in Clause 10 thereof relevant for the present purposes. The counsel for the petitioners has handed over in Court a photocopy of the said Agreement which is also taken on record. The said photocopy also obliterates the sale consideration but is stated to be otherwise complete. The Agreement to Sell aforesaid in Clause No. 11 thereof provides for reference of disputes between the parties on any matter relating to the Agreement or any matter incidental thereto to an arbitrator appointed mutually by the parties. On enquiry the counsel for the petitioners states that subsequent to the filing of this petition notice dated 6th April, 2009 was issued to the respondents to agree on an arbitrator but the respondents have vide their reply dated 11th April, 2009 refused to consent to the name suggested by the petitioners; hence an application under Section 11 (6) will be necessitated.

(3.) THE petitioners have filed this petition contending that the respondents have refused to sell the property to the petitioners in spite of the respondents themselves having not complied with their obligations under the agreement; it is further contended that the respondents are threatening to sell or alienate the property to another. The petitioners claim to be entitled to enforce the Agreement and to purchase the property and have thus sought interim measures under Section 9 of the Arbitration Act, 1996 of restraining the respondents from selling, alienating, encumbering or parting with possession of the said property.