Badar Durrez Ahmed, J.

1. This petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) seeking interim measures of protection which include restraining the respondent or its agents from alienating, encumbering, disposing of, selling, destroying, etc., the goods in question and in allowing the petitioner to remove the said goods from the warehouse of M/s Sagar Warehousing Corporation and shift the same to its premises at Mumbai.

2. On 20.12.2002, this Court, after hearing the petitioner and after considering the contents of the petition, was of the view that a prima facie case for granting ex parte ad interim injunction in terms of prayer (a) of the petition had been made out and accordingly it was so ordered. Prayer (a) of the petition reads as under:

(a) Restrain the respondent or its agents, more particularly M/s Fly Jac, having its office at 516-517, Vishal Tower, 10 District Centre, Janak Puri, New Delhi-110058 and M/s Sagar Warehousing Corporation, having its registered office at 18, Eastern Chambers, 2nd Floor, Poona Street, Nandlal Jani Road, Masjid (East), Mumbai-400 009, from alienating, encumbering, disposing of, wasting, destroying, selling, or in any way creating any lien or third party rights.

3. By virtue of is No. 7863/2003, M/s Fly Jac Forwarders Transporters has sought the vacation of the ex parte ad interim order passed on 20.12.2002. It has also sought a direction that the petitioner be made to pay the pending bills of M/s Fly Jac Forwarders Transporters and of M/s Sagar Warehousing Corporation as well as to make payments of the future bills till the removal of the goods from the warehouse of M/s Sagar Warehousing Corporation. A prayer is also made that the petitioner be directed to remove the goods after paying the said dues till the date of removal of the goods.

4. is No. 7864/2003 is an application filed on behalf of M/s Sagar Warehousing Corporation praying that the ex parte ad interim order dated 20.12.2002 be vacated and the parties be directed to make the payment of the pending bills in respect of warehousing of the goods in question and to direct them to remove the goods from the applicants warehouse immediately upon making payment of the warehousing charges.

5. The petitioner entered into an agreement on 16.06.1999 for the sale of 19 Westland Helicopters and spares for a sum of UK Pound Sterling 9,00,000 which was followed by two other addenda dated 24.09.1999 and 31.05.2000 whereby it was agreed that the packages will be lifted in not more than two consignments and that the payment of the total amount of UK Pound Sterling 9,00,000 will be bifurcated into two payments corresponding to the approximate value of the consignments shipped.

6. The agreement defines approved transporter to mean any transporter having demonstrated the capacity to transport part of the package from Safdarjung Airport, New Delhi and from Juhu Airport, Mumbai to Mumbai Customs Port as approved by the purchaser (the respondent herein). Clause 6 of the Contract relates to delivery and Clause 6.1 thereof stipulates that the purchaser (the respondent herein) shall take delivery or arrange to take delivery by deputing an "approved transporter" in respect of six helicopters from New Delhi and thirteen helicopters from the vendor (the petitioner herein) from Mumbai on FOB basis. Clause 6.4 also stipulates that the packages shall be removed/lifted from the date of receipt of the acceptance certificate by the vendor. It specifically stipulates that the vendor shall not be liable for the safe custody thereof from that date. Clause 10 of the said agreement relates to transport. It stipulates that the purchaser shall, at its own expense, enter into a contract with an approved transporter for the transport of the packages from the vendors premises at New Delhi and Mumbai to Mumbai Customs Port for taking the Packages out of India. The vendor was also required