- (1.) Appellants have filed the present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short "1996 Act") for setting aside the impugned judgment dated 22.11.2011 passed by the learned Additional District Judge, Gurgaon vide which petition filed by the petitioner/respondent No.1 here under Section 9 of 1996 Act has been allowed and ad interim injunction has been granted against the present appellants to the effect that they shall not alienate the land in dispute nor will create any third party rights or any other encumbrance till an arbitrator is appointed by this Court.
(2.) Brief facts of the case as culled out from the impugned judgment are that a collaboration agreement dated 8.10.2007 is entered into between certain land owners including the father of the present appellants and of proforma respondent Nos.2 & 3, namely, Shri Chand (since deceased) on one hand (Owners) and M/s Deputy Gothwal Construction Pvt Ltd, a Company incorporated under the Companies Act, 1956 through its Managing Director Sh. Vikram Singh (Developer) on the other hand for developing the land described in the Schedule as a residential Complex or any other use as desired by the developer after obtaining requisite licence/approval from the Director, Town and Country Planning, Haryana or any competent authority regarding the total land measuring 115 kanal 9 marlas in Village Mewka Tehsil and District Gurgaon as depicted in Schedule-A of the said collaboration agreement.
(3.) It transpires that thereafter an agreement to sell dated 23.4.2010 regarding the land measuring 49 kanal 11 marla (6.20 acres) for a sale consideration of Rs.18,89,09,375/- (Rs. Eighteen Crores, Eighty Nine lacs, Nine thousand, three hundred seventy five) i.e at the rate of Rs.3,05,00,000/- per acre is entered into between the owners as well as developer on one hand and respondent No.1-M/s Parkwood Infrastructure Pvt Ltd (vendee) on the other hand and in case of any dispute or question arising under the said agreement, an Arbitration Clause No.19 was incorporated therein. Due to some differences or disputes, the sale deed could not be materialized and as such the vendee filed a petition under Section 9 of the 1996 Act for ad interim injunction against the present appellant and proforma respondent Nos.2 & 3 and the same was granted by the learned Additional District Judge, Gurgaon vide its impugned judgment dated 22.11.2011 and in these circumstances, the present appeal has been filed by the present appellants.;