IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Appeal From Order No. 196 of 2008 M/s KJL Town Planners Pvt. Ltd. …Appellant Versus M/s Sidhi Vinayak Associates .. Respondent Sri V.K. Kohli, senior Advocate, assisted by Sri I.P. Kohli, Advocate, for appellant. Sri Alok Singh, senior Advocate, assisted by Ms. Mamta Joshi, Advocate, for respondent Dated: May 7, 2008 Hon’ble B.C. Kandpal, J. This appeal under Section 37 of Arbitration and Conciliation Act, 1996, has been preferred against the judgment and order dated 17.4.2008, passed by District Judge, Dehradun, in Arbitration Petition No. 10 of 2007, refusing to grant an ad- interim injunction restraining the respondent from selling or creating any third party interest on the disputed land. Heard Sri V.K. Kohli, senior Advocate, assisted by Sri I.P. Kohli, Advocate, for appellant, Sri Alok Singh, senior Advocate, assisted by Ms. Mamta Joshi, Advocate, for respondent and perused the record. Perusal of record reveals that Memorandum of Understanding was executed between the parties to enter into a joint venture agreement to develop and construct commercial complex comprising of shopping malls, office spaces, multiplex and hotels etc. on 54.50 bighas of land. 2 The court below has taken notice of the fact that the petitioner/appellant paid a sum of Rs.51.00 lacs to the respondent and nothing else and no interest in the immovable property has yet been created in favour of the petitioner. There is arbitration clause in the MOU. The learned District Judge also recorded categorical finding that it is the domain of the Arbitrator to find out what injury has been caused to either party. The learned District Judge did not find a prima facie case in favour of petitioner/appellant to issue ad-interim injunction and accordingly dismissed the petition, but at the same time, in order to protect the interest of the petitioner/appellant asked the respondent to deposit a sum of Rs.51.00 lacs unconditionally and on deposit of the said amount within 15 days, the interim injunction was to stand vacated. I do not find any illegality and lacuna in the impugned order passed by the learned District Judge. The appeal lacks merit and is liable to be dismissed. Accordingly, the appeal is dismissed in limine. (B.C. Kandpal, J.) SP