1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. MISC.CIVIL APPLICATION (ARBITRATION) NO. 303 OF 2010. Dominic S/o Gabariel Philip,Nagpur. .Vrs. Mohd.Faruq s/o Mohd. Abdul Rafique,Nagpur. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (Mr. B.B.Mehadia,Advocate for applicant.) -0-0- CORAM : B. P. DHARMADHIKARI, J. DATED : 24.06.2011 Heard Mr. B.B. Mehadia, learned Counsel for applicant, Mr. Dani, learned Counsel for non applicant No.1, Mr. Lalwani, learned Counsel for non applicant No.2 and Mr. Prasad, learned Counsel for non applicant No.3. Existence of arbitration agreement between applicant and non applicant No.1 is not in dispute. Service of notice accordingly is not in dispute. However, non applicant No.1 has sold the 2 property subsequently to non applicant No.2, who in turn, he sold to non applicant No.3. Non applicant no.1 before this Court is contending that he has cancelled the agreement with applicant and thereafter property has been sold by him to non applicant No.2. Non applicant Nos. 2 and 3 point out that there is no arbitration agreement between any of them and present applicant. They also point out that there is no notice invoking that clause to them in the matter. Mr.Prasad, learned Counsel has relied upon the judgment reported in 2010 Vol. 3, Civil Law Journal, 757 ( Indowind Energy Ltd .Vrs. Wescare (I) Ltd. and another) to point out that there in somewhat similar circumstances, the Hon’ble Apex Court has referred dispute only between the parties to agreement to the arbitrator. He is also relying upon other judgment of Hon’ble Apex Court reported in 2010 Vol. 2 Arbitration Law reporters, 473 (Andhra Pradesh Tourism Development Corporation Ltd and another .Vrs. Pampa Hotels Ltd.). Where Hon’ble Apex Court has held that if one of the two parties 3 to arbitration agreement was not in existence when contract was made, there was no contract and as such there can be no arbitration agreement. Here, the arbitration agreement between applicant and non applicant No.1 is not in dispute. The subsequent purchasers have derived their title from non applicant no.1 later-on and as such their contentions in present matter as recorded above are totally misconceived. In that situation the dispute between applicant and non application No.1 is referred to arbitration to Hon’ble Shri Justice C.L. Pangarkar (Retired) as arbitrator. The applicant to deposit processing charges of Rs. 5,000/- (Rs. Five Thousand Only) with the Registry of this Court within a period of 4 weeks from today. Proceeding is disposed of. JUDGE scd//