LINGARAJA RATH, J.

( 1 ) THIS case was taken up for admission and as we were about to issue notice for the respondent to appear, Mr. S. V. R. Subramanyam submits that he is appearing for the respondent and is ready with the matter. Since this case relates to the validity of an order passed under Order 38, Rule 5 of the Code of Civil Procedure against the appellants, admitting the appeal and keeping it for hearing, we will hold up the suit unnecessarily. We have, with the consent of the parties, heard the matter and we dispose of the appeal by the following order.

( 2 ) THE respondent has filed an application under Section 8 of the Arbitration Act (Act 1940) for referring the dispute between the parties to arbitration and in that application filed a petition under Order 38, Rule 5 of the Code of Civil Procedure read with Section 41 (b) of the Arbitration Act for attachment before judgment of the amounts to be paid into the bank account of the appellants by the garnishee, N. T. P. C. Talcher. On an order having been passed to the benefit of the respondent, the appeal has been preferred. The learned III Additional Subordinate Judge, Visakhapatnam, has, in passing the impugned order, c

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