Anoop V. Mohta, J.

Heard, entertained and decided finally by consent of the parties.

2. This Appeal under Section 37 of the Arbitration & Conciliation Act, 1996 ( hereinafter referred to as `Arbitration Act') is filed by the Appellant, in whose Section 9 Petition the learned Single Judge by order 28.01.2016 has not granted any adinterim relief, though specifically prayed. The impugned order reads as under:

“1. … … ...

2. This petition is under Section 9 of the Arbitration & Conciliation Act, 1996 for an order of injunction restraining the respondent from selling, disposing of or creating third party right in respect of flats in the building constructed on the plot bearing C.S. No. 136(part), 2/136 (part) and 110 (part) of Lower Parel Division at Manjrekar Marg, Gandhi Nagar, Worli, Mumbai 400 018.

3. It is the case of the Petitioner that the Respondent executed the Agreement dated 29th December, 2008 on 100 Rupees stamp paper agreed to provide six flats. He further submits that it is specifically stated that on completion of the said project, the petitioner is entitled to 40% of the total proposed area aggregating to 73,200 sq. ft. super built up in the sale building to be con