1 arbp.1067.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 1067 OF 2010 Mulund Municipal Mitra Niwas Co.op. Hsg. Soc. Ltd. and others .... Petitioners Versus M/s. Omkar Builders ....Respondent Mr. A. G. Damle for the Petitioners. Mr. Bali i/b Bali Associates for the Respondent. CORAM: S. C. DHARMADHIKARI, J. DATED: FEBRUARY 1, 2011. P.C.: Heard both sides. This is a Petition under Section 9 of the Arbitration Act, 1996. 2. The Petitioners are seeking interim orders in terms of prayer clause (b) of this Petition. 3. In the affidavit-in-reply that is filed by the Respondent, SSM 2 arbp.1067.10 apart from denying the agreement itself, it is pointed out that the negotiations with prospective purchasers were going on to the knowledge of the Petitioners since May 2008. The agreements have been entered into since that year and today no flat is available for allotment. In such circumstances, it is clear that third party rights in respect of the flats/construction have been created. In this situation, no interim measures can be granted and particularly because the Petitioners have failed to approach this court with the request as made in 2008 itself. The letter addressed by the Petitioners’ Advocate on 10 th May, 2008 makes it clear that the third party right is created to the knowledge of the Petitioners. The Petitioners have not approached this court diligently and there is a delay on their part. For this reason as well no interim reliefs can be granted. The Petition is dismissed. 4. However, no opinion is expressed on the rival contentions and particularly with regard to the existence of the agreement dated SSM 3 arbp.1067.10 January 2006 and the arbitration clause therein. All contentions of both sides in that behalf are kept open. Petition is accordingly dismissed. (S. C. DHARMADHIKARI, J). SSM