- 1 - 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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ARBITRATION ARBITRATION ARBITRATION PETITION NO.257 OF 2008 PETITION NO.257 OF 2008 PETITION NO.257 OF 2008 Anekanta Realtors Pvt.Ltd. ...Petitioners vs. S.G.Barvenagar Co-op. Hsg.Soc. ...Respondent Mr.A.G.Damle for the Petitioners Mr.D.D.Belosay for the Respondents CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : OCTOBER 16,2008 : OCTOBER 16,2008 : OCTOBER 16,2008 P.C.: P.C.: P.C.: 1. The Petitioner has filed this petition invoking section 9 of the Arbitration and Conciliation Act,1996. There is a development agreement executed by the respondent in favour of the petitioner on 16th February 2007 under which the petitioner has been appointed as a developer for re-development of the property of the respondent-society. The petition has been filed on apprehension that the respondent-society may terminate the agreement and may create third party interests in favour of others thereby causing loss and injury to the petitioner. 2. My attention was invited to paragraph 9 of the reply filed by the respondent-society. The said paragraph reads thus : "9. With reference to paras 15 and 16 of the Petition, I say that it is true that there is clause for arbitration that if, there is any dispute. The circumstances stated herein above, I say that there is no dispute between the - 2 - parties hereto nor any intention to terminate the agreement of Development as alleged by the Petitioners. I further say and submit that by making statement herein above the intention of the society and its Managing Committee is very clear, as to give all co-operation to complete the development scheme of our colony and therefore there is no question of termination of the said agreement as apprehended by the Petitioners and therefore, the Petitioners is not entitled to any relief as prayed. 3. The reply has been affirmed by the chairman of the respondent-society in which it is categorically stated that there is no intention on the part of the respondent-society of terminating the agreement for development. It is stated that the respondent is keen on giving all the co-operation to complete the development and therefore, there is no question of termination of the said agreement as apprehended by the petitioner. The aforesaid statements made in paragraph (9) of the reply deserve to be accepted. Accordingly, the statements are accepted. 4. In view of the aforesaid statements, as of today, there is no apprehension that the respondent will terminate the development agreement and may create any third party interests. In the circumstances, as of today no case is made out for passing an order granting any interim relief. - 3 - Petition is accordingly disposed of. JUDGE JUDGE JUDGE