- (1.) In this first appeal, judgment dated 18.8.2012 passed by learned Additional District Judge, Gurgaon has been challenged. By the said judgment, petition filed by appellant under section 9 of the Arbitration and Conciliation Act, 1996 (in short, the Act) has been dismissed. It is undisputed that respondent agreed to sell the disputed property to the appellant vide agreement dated 30.3.2010. Case of the appellant is that it has always been ready and willing to perform its part of the contract whereas case of the respondent is that the appellant has committed breach of the agreement.
(2.) By way of petition under section 9 of the Act, the appellant sought interim injunction restraining the respondent from alienating the disputed property in any manner to anybody else except the appellant.
(3.) The appellant alleged that there is arbitration clause no. 23 in the impugned agreement and therefore, the dispute is required to be referred to Arbitrator and in the meanwhile, the respondent be restrained from alienating the disputed property to anybody else.;