JUDGMENT

Santosh Hegde, J.-Heard learned counsel for the parties.

Leave granted.

2. This appeal arises out of a dispute between the parties to this appeal which under an agreement between the parties has to be referred to arbitration as contemplated under Clause 26 of the agreement between the parties.

3. Pending disposal of the said dispute by the arbitrators the respondent herein moved an application under section 9(d) of the Arbitration and Conciliation Act, 1996 praying for the grant of ex parte injunction restraining the appellant herein from transferring or alienating the earmarked alumina lying in the appellant s Silos in Vishakapatnam Port area to any party other than the respondent herein.

4. The said application was opposed by the appellant herein on various legal and factual grounds including the maintainability of the application as also the jurisdiction of the trial court to make any interim order under the said provision of the Act.

5. The trial court after hearing the parties however considered it appropriate to make the following interim order:

"In the result, the application is allowed and the respondent shall allow the despatch of cargo to the petitioner immediately on p