JUDGMENT

R.D. Dhanuka, J. - By this Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 ( for short, " Arbitration Act"), the appellant (original Petitioner) has impugned the order dated 23rd August, 2005 passed by the learned single Judge dismissing the Arbitration Petition No. 309 of 2004 filed by the appellant.

2. Some of the relevant facts for the purpose of deciding this Appeal are as under:-

The appellant as well as the respondent no.2 were the constituents of the respondent no.1. Respondent no.1 is carrying on business of share and stock broker and is a registered Member of the Bombay Stock Exchange under the Bye-laws, Rules and Regulations of the Bombay Stock Exchange. Respondent no.2 is wife of the appellant and was a separate constituent of respondent no.1.

3. Sometime in the year 1999, the appellant had executed an individual Client Registration Application form as per the format given by the respondent no.1 to carry on transactions on the Bombay Stock Exchange for the purchase and sale of various shares. Respondent no.1 did not execute a client broker agreement with the appellant but had executed an individual client registration application form da