Rule, returnable forthwith. Heard finally by consent of the parties.

2. This Petition is under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, Arbitration Act) filed by the Petitioner, who is a developer, as recognised by the development agreement dated 15 December 2009 between Respondent no.1-Housing Society (for short, the Society) and all its 12 members including Respondent no.2, as Respondent no.3, who, being a tenant of Respondent no.2, is in possession of the premises owned by Respondent no.2-landlord, not willing to vacate the premises for development.

3. Admittedly, Respondent no.3 is not a party to this development agreement having arbitration clause between the Petitioner and Respondent nos. 1 & 2. Admittedly, Respondents 1 and 2 have no objection to proceed with the development as per the agreement. Respondent no.2 in fact, by a letter, already submitted to the Petitioner, as well as, to the Respondent no.1/Society that because of tenancy proceedings, it is difficult for her to hand over the physical possession of the property for the development.

4. The relevant clause in the development agreement with regard to the tenancy of the landlo