Alok Aradhe, J.

Sri. S. Sriranga, learned counsel for the petitioner. Sri.Santhosh H.R., learned counsel for the respondent Nos.1 to 4.

Sri.Janekere C.Krishna, learned counsel for respondent No.5.

2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.

3. In this petition, under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act' for short), the main issues which arise for consideration are, whether Clause 27.4 of the agreement is an arbitration agreement and whether respondent No.5 who is third party to the agreement can be subjected to arbitration proceeding. The ancillary issues which arises for consideration are about the effect of order dated 11.04.2018 passed by Division Bench of this Court in MFA No.8190/2016 and whether the petitioner has bifurcated the parties and the claims which is impermissible in law. In order to appreciate the issues involved in this proceeding, the background facts which lie in a narrow compass may be referred to.

4. The petitioner and respondent Nos.1 to 4 entered into joint development agreement on 25.11.2011 for development of propertie