: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.414 OF 2007 Kumar Housing Corporation Ltd. .. Petitioners V/s. Suman Co-op. Housing Society Ltd. .. Respondents ..... Mr. D.H. Mehta a/w. Nasim Patrawala i/by Pravin Mehta & Mithi & Co. for the petitioners Mr. Anirudha A. Joshi a/w. Dahibawkar i/by Dahibawkar & Co. for the respondents. ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 10th AUGUST, 2009. P.C. : 1. This is an application under Section 9 of the Arbitration and Conciliation Act, 1996. 2. From the record, it appears that the application has been made by the petitioner on 15 th October, 2007. There are no ad-interim orders. 3. One of the contentions raised on behalf of the respondents was that the petitioners have no desire to initiate the arbitral proceedings. For all these years, right from the date that agreement is purportedly terminated, no application under Section 11 of the Arbitration and Conciliation Act, 1996 is preferred. On this objection being raised, the response from the petitioners was called for and on instructions, Mr. Mehta makes a statement that the petitioners would invoke Section 11 of the Arbitration and Conciliation Act by making necessary application within a period of two weeks from today. From the record, it appears that this application has been pending since 15 th October, 2007. Affidavits and : 2 : rejoinders have been filed and the reliefs that are claimed pertain to some 30,000 sq.ft. of area which was stated to be earmarked for development by the petitioners but that arrangement has been put to an end to by communication dated 29 th December, 2005. 4. From 29 th December, 2005, till the date of the institution of the Petition and even till today, no application under Section 11 had been preferred. In my view, instead of going into the rival contentions and expressing any opinion on the merits of the matter, interest of justice would be sub-served, if this application is disposed off by granting liberty to the petitioners to apply for such interim measures as are permissible in law after disposal of the Application that is to be preferred by the petitioners under Section 11 of the Arbitration Act, 1996. All contentions of both sides on the question of interim measures are kept open. Needless to state that while disposing off this petition, I have not expressed any opinion on the merits of the matter or on the existence of the arbitration agreement. Petition disposed off subject to above. No costs. (S.C. DHARMADHIKARI, J.)