Dilip B. Bhosale, J.

1. The order of reference dated 28th January, 2013, which has occasioned the constitution of this Full Bench, has been passed by a Division Bench in the instant Civil Miscellaneous Appeal. The Division Bench in this case having disagreed with the view taken by another Division Bench of this Court in Bilasraika Sponge Iron Pvt. Ltd., Hyderabad V. Devi Trading Co., Hongkong (2011(5) ALD 327 (DB) = 2011 (4) ALT 297 (DB) (for short ‘Bilasraika’) formulated the following questions, which consequently require determination by this Full Bench:

a) Whether the Court as defined under Section 2 (e) of the Act, is entitled to dispose of the application filed under Section 9 of the Act before initiation of the arbitral proceedings under section 21 of the Act, ex-parte without giving notice to the respondents, if the facts and circumstances so warrant?

b) Whether the Court as defined under Section 2 (e) of the Act, is entitled to grant any interim order pending disposal of the interim measure application under Section 9 of the Act?

c) Whether further application pending disposal of the interim measure under Section 9 of the Act, is maintainable?”

2. The Division Bench