1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi ARBITRATION PETITION NO.9 OF 2008. Labha Shubha Properties Pvt. Ltd. ..Petitioners. vs. M/s. Truly Creative Developers Pvt. Ltd. & Ors. ..Respondents. .... Mr. R.D. Soni, i/b. A.R. Shaikh, for Petitioners. Mr. G.N. Salunkhe, a/w. Mr. Umesh Kurund, for Respondent No.1. Mr. Rakesh K. Agrawal, for Respondent No.2. .... CORAM : S.J.KATHAWALLA, J. DATE : 7TH JULY 2009. P.C. This petition is filed by the petitioners under section 9 of the Arbitration and Conciliation Act, 1996 inter-alia seeking an order of injunction against the respondents from in any manner dealing with and /or parting with possession and creating third party rights, etc. on the property bearing CTS No.151 Part admeasuring 2061.26 sq. meters, situated at D.N. Road No.1, Tate Village, Andheri (West), Mumbai-400 058 and further from carrying out any building activity and/ or construction work on the said property or create third party interest. 2. The learned Advocate for respondent no.1 informs the 2 Court that he has already created third party rights in favour of respondent no.2, who is not a party to the arbitration agreement. It is therefore submitted that the plaintiff is not entitled to seek any reliefs under section 9 of the Arbitration and Conciliation Act, 1996 against respondent no.2. 3. Faced with this situation, the learned Advocate for the plaintiff seeks to withdraw the above petition. The petitioners have submitted that they will be filing a comprehensive suit, seeking appropriate reliefs against all the respondents in respect of the property, which is the subject matter of the Agreement dated 4th September 2003. The learned Advocates appearing for the respondents have stated that if such a suit is filed by the petitioners, the respondents will not contend that the plaintiff ought to have filed arbitration proceedings in the matter or that the plaintiff having withdrawn the arbitration petition, are not entitled to file a suit. 4. Arbitration petition is therefore dismissed as withdrawn. [ S.J.KATHAWALLA, J. ]