ORDER :

1. Heard on the question of admission and interim relief.

In this petition under Article 226 of the Constitution of India, the petitioner has challenged the validity, propriety and legality of the order dated 26.10.2023 passed in Arbitration Case No. 03/2022 by the Sole Arbitrator whereby the application filed by the petitioner under Section 16 of the Arbitration and Conciliation Act, 1996 (referred to as the ‘Act of 1996’ hereinafter) has been dismissed.

2. The brief facts of the case are that the petitioner Company and respondent No. 1 had entered into a Memorandum of Understanding (MoU) on 01.12.2017 in respect of construction of model house on 11 plots in a residential colony developed by the petitioner. The MoU contains an arbitration clause for dispute resolution.

3. Certain dispute arose between the parties in relation to the performance of the terms of the MoU and therefore, the respondent No. 1 approached this Court by filing A.C. No. 71/2021 seeking appointment of Arbitrator under Section 11 of the Act of 1996. The said application was allowed vide order dated 11.11.2022 appointing Hon’ble Justice (Retd.) Shri S.K. Kulshrestha as the Sole Arbitrator.

4. The petitioner