LAWS(BOM)-2019-11-201

AP PROPERTIES Vs. HARMOHAN SINGH CHANDHOK

Decided On November 11, 2019
Ap Properties Appellant
V/S
HARMOHAN SINGH CHANDHOK Respondents

JUDGEMENT

(1.) The application is under Section 11 of the Arbitration and Conciliation Act 1996 and it is accompanied by an arbitration petition under Section 9 . Mr Jain for the applicant/petitioner immediately makes a statement that if the matter is referred to arbitration, he will not press his Section 9 relief but will only request that liberty be reserved to present the Section 9 petition itself as an application for interim relief under Section 17 before the learned sole Arbitrator.

(2.) There are four respondents. Respondent No. 4, represented by Mr Sakhare, submits that there can be no reference to arbitration so far as he is concerned.

(3.) The agreement in question is of 25th September 2014. I will take the relevant references from the arbitration petition. The arbitration agreement is in Article 'IX' at page 68. Clauses 9.1 to 9.4 of the agreement read thus: