abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 258 OF 2008 Jaysagar Madanlal Sancheti and Ors. .. Petitioners V/s Pradyumnkumar Sharma & Anr. .. Respondents Mr.K.J. Hakani with Mr.Rahul K. Hakani for the petitioners. Mr.Y.S. Jahagirdar, Senior Advocate i/b Udaipuri & Co. for the respondent no.1. Mr.G.S. Godbole with Mr.Nitin Muley for the respondent no.2. CORAM : D.G. KARNIK, J. DATE : 10TH JUNE 2008 P.C. P.C. P.C. : 1. Heard the counsel for the parties. 2. By this petition under section 9 of the Arbitration and Conciliation Act, the petitioners seek interim injunction in respect of the property bearing plot no.29 of sector 11, Kharghar admeasuring 2136.70 sq.m. known as "Kuber Monark" and plot no.C-4, sector 12, Kharghar admeasuring 2134.89 sq.m. known as "Kuber - 2 - Galaxy" (hereinafter referred to "Monark" and "Galaxy" respectively). 3. A tripartite agreement, in which the arbitration clause is contained, was executed on 10th July 2000 in respect of the property bearing plot no.18/4 in sector 10 of Vashi and that property is known as "Kuber Classique". Thus, the suit properties, i.e. Monark and Galaxy, are not subject matter of the arbitration agreement between the parties. 4. Disputes between the parties have already been referred to the arbitral tribunal. The petitioners made an application under section 17 of the Arbitration and Conciliation Act for injunction before the arbitral tribunal. After reproducing the contention of the respondents that Monark and Galaxy are not the subject matter of the arbitration agreement, the arbitral tribunal has recorded a finding of fact in para 11 of the order dated 2nd May 2008 that the said two properties, namely Monark and Galaxy do not form the part of the arbitration. As they do not form part of the arbitration and are not covered by the arbitration agreement, the petitioners are not entitled to any relief under the petition. Petition is accordingly rejected. - 3 - 5. Learned counsel for the petitioners prays for stay of the operation of this order. Since the suit properties are not the subject matter of the arbitration, the request for stay is rejected. (D.G. KARNIK, J.)