R.D. DHANUKA, J.

1. By this petition filed under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) the petitioners have prayed for leave to file this petition for raising their objections to the impugned award dated 19th March, 2013 and have prayed that the said award be quashed and set aside. The learned arbitrator is impleaded as respondent no. 2. The petitioner has also prayed that this court shall direct the learned arbitrator to deposit in this court all the records, paper and proceedings of the arbitration between the respondent no. 1 (original claimant) and the society i.e. Apsara Coop. Hsg. Soc. Ltd. By the impugned award the learned arbitrator had declared that the MOU dated 30th April, 2008 executed between M/s. Heritage Enterprises (original claimant in arbitration proceedings and respondent no. 1 herein) and Apsara Coop. Hsg. Soc. Ltd. is valid subsisting, enforceable and binding upon those parties and that the claimant is entitled to specific performance thereof.

2. At the threshold Mr. Samdani learned senior counsel for the respondent no. 1 raises a preliminary objection to the maintainability of this petition.