ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION ARBITRATION ARBITRATION ARBITRATION PETITION NO.221 OF 2009 PETITION NO.221 OF 2009 PETITION NO.221 OF 2009 Vivek Abrol ...Petitioner. V/s. Vibhushan Estates P. Ltd. ...Respondents. Mr.F.Divitre i/by M/s.Ashok Purohit & Co. for the Petitioner. Mr.N.V.Walawalkar with Mr.S.Walawalkar i/by M/s. Gordhandas & Fozdar for the Respondents. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 28th April, 2009 : 28th April, 2009 : 28th April, 2009 P.C. 1. The Petitioner has invoked this Petition under Section 9 of the Arbitration and Conciliation Act, 1996. (for short "the Arbitration Act"), based upon the Memorandum of understanding dated 21st May, 2006. There is an arbitration clause 4 (c) and there is also clause 4 (d) which provides that during the terms of Memorandum of Understanding or any extended period thereof they shall not transfer or attempt to transfer their right, title and interest for the said plots to be developed or any part there to except to deal with the developer. ( 2 ) 2. Admittedly, the property involved in the present matter is in possession of one Mr.Prajapati. Admittedly, there is a dispute/ suit pending between the Respondents and Mr. Prajapati. 3. Admittedly, the Court has already passed order and whereby the Court Receiver is appointed for the property in question. Therefore, at this stage, I am inclined to pass an order directing the Respondents to issue 15 day’s prior notice if they intend to create third party rights or transfer the property to any third person other than the Petitioner. 4. Considering the averments made, I am of the view that this matter can be disposed of with liberty. The Petition is accordingly disposed of. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]