Admit. Respondent No.1 waives service. By consent of parties, taken up for hearing forthwith.

2. Mr. Devitre, learned Senior Counsel appearing for the Appellants states that other Respondents are duly served. However, for the limited purposes of this Appeal, I do not see that their presence is necessary. There would be no prejudice caused to them if the Appeal is decided in their absence as the contesting parties are before the Court.

3. This Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 challenges an order passed by the learned District Judge, Pune dated 1st April 2009 on an Application (Exhibit 30) in Arbitration Petition No. 215 of 2009.

4. Counsel appearing for parties are agreed that the effect of the order is that an ad-interim relief prayed by the First Respondent has been granted by the Court below and that is how the instant Appeal is maintainable. The Appeal questions continuation of an ex-parte and interim order made u/s. 9 of the Arbitration Act and refusal of the Trial Court to vacate it on the ground that the same is in breach of the principles enshrined under Order 39 Rule 3 of C.P.C. For the purposes of this Appeal, I need not go