Judgment

Raveendran, J.—These appeals arise from the judgment of the Delhi High Court in FOA (OS) Nos. 94, 113, 136 and 137 of 2002 dated 04.3.2003 affirming the order dated 14.2.2002 passed by a learned single Judge of High Court of Delhi in I.A.Nos. 5795/93, 9246/93 in Suit No. 1362/93 and I.A.Nos. 5819/93, 9355/93 in Suit No. 1380 of 1993.

2. For convenience, Dresser Rand S.A. [Appellant in both the appeals], BINDAL Agro Chem. Ltd., [Respondent No. 1 in both appeals] and K.G. Khosla Compressors Ltd. [Respondent No. 2 in both appeals] will also be hereinafter referred to as DR, BINDAL and KGK respectively.

3. BINDAL has filed Suit Nos. 1363/1993 in the Delhi High Court, for a declaration that there exists no arbitration agreement between itself and DR and for a consequential injunction restraining DR from proceeding with the arbitration before the International Chamber of Commerce, Paris. KGK has also filed Suit No. 1380/1993 in the said court for similar relief.

4. BINDAL and KGK have filed IA Nos. 5795/93 and 5819/1993 respectively in their respective suits, under Order 39 Rules 1 and 2 CPC seeking a temporary injunction to restrain DR from proceeding with the arbitration.

5. DR has