( 1 ) ON 18-9-2001 an application was filed by the petitioner under Section 11 (5) of the Arbitration and Conciliation Act, 1996, which shall be referred hereinafter as Act, wherein it was prayed to appoint the arbitrator to settle the dispute between the parties. In the petition it was alleged that on 24-9-1998 respondent executed the sale deed in favour of the petitioner which contains the following Arbitration Clause :-"any disputes/differences between the vendor or Seller and Purchaser shall be referred mutually to a. Arbitrator through arbitration under the prevailing Arbitration laws. "

( 2 ) IT was submitted that since there was a dispute regarding selling out the covered parking area of Devdarshan building situated at South Tukoganj, therefore notices were issued to the respondents for appointment of Arbitrator for resolving the dispute between the parties, in view of the arbitration clause quoted in the Sale Deed itself, but of no avail. Hence it was prayed to appoint the Arbitrator. Application was opposed by the respondents on various grounds including that the petitioner is claiming for appointment of the Arbitrator on the basis of recital in the Sale Deed. It was submit

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