JUDGMENT

Harish Tandon, J. - The nature of the order impugned in the instant appeal, initially, didnot appear to have raised a piquant situation but took a drift when both the parties addressed us on intricately complex questions lending support from the plethora of the judgment rendered by the Supreme Court. To elaborate the exparte ad interim order of injunction and its continuance till the disposal of the temporary injunction application is challenged in the instant appeal where the Civil Court in a suit seeking declaration that the nominated Arbitrator is ineligible under Section 12(5) of the Arbitratioin and Conciliation Act, 1996 is restricted from continuing with the arbitration proceedings by way of anti Arbitration injunction.

2. At the first glance the nature of the injunction creates an impression upon us that the said act providing a special fora chosen by the parties to adjudicate and determine the disputes flowing from, arising out of and touching the interpretation of the various terms of the contract should not ordinarily be determined by the Civil Court. However, the parties addressed before us that once the mandate of the Arbitrator or in other words the competence