JUDGMENT

G. S. Kulkarni, J. - This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, "the Act") challenges an order dated 2 February, 2018 passed by the learned single Judge whereby the petition filed by the appellant under Section 34 of the Act, challenging the award dated 7 October. 2017, passed by the learned sole arbitrator, stands rejected.

2. The dispute between the parties had arisen under the Development Agreement dated 9 May, 2007 under which the respondent which is a co-operative housing society had awarded a contract for development and construction of a building for its members, to the appellant, on terms and conditions as set out in the said agreement. The agreement is known as the Development Agreement. It is not in dispute that in June 2007 about 24 members of the society had vacated their respective flats in the old building and further that the building was demolished by the appellant in the year 2010.

3. Under the development agreement, it was the obligation of the appellant/developer to obtain necessary permissions from the competent authorities for construction of the building which included obtaining IOD and commencement certifica