IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 207 OF 2006 Sachin M. Khanolkar & Anr. .. Applicants. V/s. M/s. Manik Developers & Ors. .. Respondents. --- Mr. S.B. Prabhawalkar for the Applicants. Ms. Usha Purohit for the Respondents. --- CORAM : SWATANTER KUMAR, C.J. DATED : 28TH AUGUST, 2009 P.C. : There is an Agreement between the parties dated 13th May, 1999, cause of action and validity of which is denied. However, it is stated that in terms of Clause 29 of the Agreement, it is the Society and all the flat owners who should get together, then alone it will give cause of action for execution of the conveyance deed. It is also stated that Clause 32 is the arbitration clause, but the Society has already taken certain proceedings which are pending before the Consumer Forum, Mumbai. In the light of the above and since there is no dispute to the existence of the Agreement, with the consent of the learned counsel appearing for the parties, Smt. K.K. Baam, J., former Judge of this Court is appointed as sole Arbitrator. The learned Arbitrator shall enter upon the reference and decide the dispute between the parties. However, it is made clear that the existence of cause of action as well as fact that there are any disputes raised by the present applicants, shall be kept open and if the Arbitrator so feels, can even wait for the order, if any, passed by the Consumer Forum. With the above observations, the Petition is disposed. CHIEF JUSTICE