( 1 ) AFTER the dis2pute arising from a contract between the parties was referred to arbitration by an order passed under section 20 of the Arbitration Act, 1940 (hereinafter called the Act) by this Court, a further order of temporary injunction against the Union of dia was passed by a learned Single Judge of this Court. The Union of India then made an application purporting to be under Order XXXIX rule 4 read with section 151 of the Code of Civil Procedure for cancellation or variation of the temporary injunction. On this apilication, the temporary injunction was modified to some extent by a learned Single Judge of this Court. The union of this India has come up in appeal against the said order with a view to get the temporary injunction vacated or further modified. The appeal has been filed under section 10 of the Delhi High Court Act, 1966 read with Order XLIII rule l (i) of the Code of Civil Procedure. The respondents, however, contend that the order appealed against having been passed under the Act but not having been made appealable by section 39 thereof, the appeal is not maintainable.

( 2 ) THE right of appeal is a substantive one and has to be given by so