JUDGMENT :

BHARATI DANGRE, J.

1. By an Arbitration Petition (L) No. 37219/2022, filed under Section 37 of the Arbitration and Conciliation Act, the petitioner Company engaged in the business of Real Estate development has raised a challenge to the an order dated 9.11.2022, passed by the Sole Arbitrator, appointed by this Court, in two petitions filed before it by the petitioner and the contesting respondents, Co-operative Housing Society Limited. Upon permission being granted to convert the respective petitions into applications u/s. 17 before the arbitrator, the interim relief was refused to the petitioners who was the claimant, by recording, it is open for it to prove the alleged monetary loss/damages at trial as the balance of convenience was in favour of the respondent Society.

It is this order which is clamped as patently illegal, erroneous, manifestly arbitrary and perverse and this Court is therefore, called upon to exercise it’s power u/s. 37 of the Arbitration and Conciliation Act, by passing appropriate orders and directions, so as to protect and safeguard the petitioner’s right accruing under the Development Agreement dated 3.2.2018.

The petitioner developer has also filed a