S.D. Anand, J. - (1.) Relying upon an arbitration clause, the learned Trial Judge allowed a plea preferred by defendant -respondents to refer the matter to the Arbitrator. It is that order dated 7.9.2007 of the learned Additional Civil Judge (Senior Division), Gurgaon which is under challenge in the present petition before this Court.
(2.) The facts, as apparent from the material obtaining on the file including the Collaboration Agreement (Annexure P5) which was placed on file by means of C.M. No. 21331 -CII of 2007, are as under.
(3.) The plaintiff -petitioners and respondent No. 1 - M/s Omaxe Housing & Developers Ltd. (hereinafter referred to as the respondent - builder) are parties to the impugned Collaboration Agreement. Clause 41 thereof, which was relied upon by the learned Trial Court to grant the impugned order, is re -produced as under in the first instance for facility of reference: The parties hereto agree that if any dispute and/or difference arises between the parties in respect of the present Collaboration Agreement and the same shall be settled through arbitration by the sole arbitrator namely Shri Rohtas Goel, Chairman & Managing Director of the Company. It is also agreed between the parties that the arbitration process shall be in accordance of the Arbitration and Conciliation Act, 1966. The award so made by the sole arbitrator shall be final and binding on the parties. It is agreed between the parties that the arbitration proceedings shall be conducted in Delhi only. That the Punjab and Haryana High Court at Chandigarh, and Courts in Gurgaon subordinate to it, alone shall have jurisdiction in all matters arising out of, touching and/or concerning this transaction.;