(Dr. D.Y. Chandrachud, J.)

This appeal arises from the decision of a Learned Single Judge dated 8 July 2011 in an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996. The challenge to an arbitral award has failed before the Learned Single Judge.

2. The Appellant and the Respondent are co-owners of a building in which the share of the Appellant is 42%, while that of the Respondent is 26%. There is a room admeasuring 200 sq.ft. According to the Respondent, who was the claimant in the arbitral proceedings, the Appellant obtained possession of the room from a tenant but sought to exclude the co-sharers. The Respondent instituted a suit before this Court for the recovery of a sum of Rs.4,05,600/-as his proportionate share in the value of the premises. The co-owners, who were impleaded as parties to the suit, were not appearing. By an order dated 13 October 2006, a Learned Single Judge of this Court recorded that the disputes between the Appellant and the Respondents shall be referred to arbitration by Hon'ble Mr.Justice Hosbet Suresh, former Judge of this Court since parties were agreeable to do so. The Court directed that “the costs of the arbi