ORDER :

A fundamental objection is raised on behalf of the respondents as regards the very maintainability of the present petition and application filed on behalf of the petitioner - applicant under Sections 9 and 11 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as the ‘Arbitration Act’). According to the respondents, the arbitration clause, in the present case, is so worded and structured that the petitioner, being a member of the respondent No.2 - Co-operative Housing Society, alone cannot seek resolution of disputes under the arbitration clause. It is indicated that the disputes capable of resolution under the arbitration clause are disputes between the Society and the respondent No.1-Developer. It is claimed that the petitioner as a lone member of the Society, is incapable of invoking arbitration. Consequently, it is alleged that since the invocation itself is defective, the proceedings cannot continue in the present case.

2. Shorn of unnecessary details, the facts leading to filing of the present proceedings are that a development agreement was executed on 25.03.2021 for re-development of the property of the respondent - society, of which, the petitione