D. S. R. VARMA, J.

( 1 ) HEARD both sides.

( 2 ) THOUGH the matter is listed under the caption "interlocutory", with the consent of both the learned counsel, the Civil miscellaneous Appeal itself is disposed of by this judgment.

( 3 ) THE present Civil Miscellaneous Appeal, under Section 37 of the Arbitration and conciliation Act, 1996 (for brevity "the Act"), is directed against the order, dt. 11-7-2005, passed by the XII Additional Chief Judge, city Civil Court, Hyderabad (Fast Track court), dismissing the Arbitration o P. No. 1031 of 2003 as not maintainable.

( 4 ) THE appellant is the builder and the respondents are the owners of disputed property.

( 5 ) FOR the sake of convenience, in this judgment, the appellant and the respondents will be referred to as "the builder" and "the owners" respectively.

( 6 ) THE backdrop, in brief, appears to be that there was an agreement between the builder and the owners to develop the land of the owners bearing Plot Nos. 5 and 6, situated chikoti Gardens, Hyderabad. The said agreement is dated 25-1-12001. Later, the owners cancelled the agreement on 18-7-2002, and the builder was informed of the same by way of a notice on 27-7-2002. Aggrieved

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