AJAY WADHWA Vs. SYMPHONY CO-OPERATIVE HOUSING

JUDGEMENT

(1.) BY this Notice of Motion filed by defendant no.9 it is prayed that this court be pleased to frame preliminary issue of jurisdiction under section 9A of the Code of Civil Procedure, 1908 and adjudicate upon the same first in point of time and also seeks stay of all civil proceedings in the suit till disposal of this Notice of Motion. Some of the relevant facts for the purpose of deciding this Notice of Motion are as under : -

(2.) CLAUSE 24 of the said development agreement provides for arbitration agreement which is extracted as under : -

(3.) The plaintiff has filed a notice of motion for interim reliefs. In the plaint, the plaintiff has prayed for a declaration that the development agreement dated 21st June, 2012 executed by and between the defendant no.1 and the plaintiff is valid, binding and subsisting and also seeks order and injunction against defendant nos. 2 to 24 and their family members, servants, agents and/or person or persons claiming through or under them to comply with the terms of the development agreement and to vacate and handover the flats and garages in their respective possession to the plaintiff. Some of the defendants including defendant no.9 have filed affidavit in reply opposing the reliefs in Notice of Motion on various grounds. The said notice of motion is pending.