JUDGMENT - LODHA R.M., J.:-These two appeals were heard finally at the stage of admission by the consent of the learned Advocate General and the learned Senior Counsel appearing for the parties and as both the appeals arise out of common judgement dated 10th December, 2003 passed by the learned Single Judge, we are disposing of these appeals by this common order.

2. We may also notice at the outset that though by the impugned order the learned Judge has granted an ad interim relief in the arbitration petition filed under section 9 of the Arbitration and Conciliation Act, 1996 (for short, "the Act of 1996"), when the matter came up before us on 17th December, 2003, the learned Advocate General and the learned Senior Counsel appearing for the parties agreed that by the impugned order the arbitration petition itself may be deemed to have been finally disposed of. In our order dated 17th December we also noted the statement of the learned Senior Counsel for the appellant in Appeal No. 1109/2003 that the appellant did not intend to file any reply affidavit to the arbitration petition filed by the first respondent and that the appeal may be heard finally on the basis of the pleadings set

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