( 1 ) AVENTIS Pasteur S. A.- appellant - original opponent has filed this appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act) against the order dated 16. 9. 2002 passed by the learned City Civil Court, Ahmedabad in Civil Miscellaneous Application No. 499 of 2002 - an Application under Section 9 of the Arbitration Act Order below Exh. 1. The learned judge by his impugned order held that it requires proper consideration that how and when such Distribution Agreement can be terminated by either of the parties and with what effect. The learned judge further held that till final determination and conclusion of the point raised by the petitioner- M/s. Cadila Pharmaceuticals Ltd.-original applicant (respondent in appeal) in the main petition, it would be appropriate to restrain the opponent from enforcing or implementing the termination notice dated 18. 3. 2002, the right of the petitioner to safeguard its interest in the subject matter would be frustrated. Thereafter the court granted further relief that in the circumstances the petitioner files an undertaking to the aforesaid extent, then the office is directed to issue an ex-parte ad-interim injunction in terms of paragraph No. 10 (a), (b) and (c) against the opponent making it effective till 25th instant.

( 2 ) THE facts giving rise to this appeal are as under:2. 1 m/s. Cadila Pharmaceuticals Ltd. original petitioner - applicant is a Public Limited Company incorporated under the provisions of the Companies Act, 1956, having its Registered Office at Ahmedabad. Aventis Pasteur S. A. original opponent is a Corporation existing and organized under the laws of the Republic of France having its office at France. From the facts it has been stated that Distribution Agreement was entered into between the opponent (known as the first part) and the petitioner (known as the second part) of the agreement in the year 1996. The said agreement was regarding appointment of the respondent as distributor. Article 1 of the said agreement provides for definitions. Article 2 of the said agreement provides for appointment of distributor. Article 3 provides for obligations of distributor. Article 7 provides for trademarks. Article 11 provides for term and termination particularly clauses 11. 1 to 11. 5. Clause 11. 5 of Article 7 of the said agreement reads thus:-"in addition to paragraph a and b of articles 11. 3 this Agreement may be terminated at any time forthwith by either party (the "electing Party") upon prior written notice to the other 180 days before termination date. "2. 1a upon termination, the original applicant was permitted to sell the stocks of products already lying with it in terms of Article 11. 6. 6 which provides that -"11. 6. 6 upon termination of this Agreement, Distributor shall be permitted to market and sell products in the territory or to resell them to a new distributor, to the extent of stocks or quantities of such products which have been ordered by it. . . . . "2. 2 article 12 provides applicable law - the Agreement shall be governed and construed in accordance with the laws of the Republic of France. Article 13 of the said agreement provides for disputes that the arbitration shall take place in Geneva (Switzerland ). Article 13 reads as under:"all disputes arising in connection with the present contract which will not be solved on an amicably basis shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules, rules which the parties recognize that they know. THE arbitration shall take place in Geneva (Switzerland ). THE arbitrators shall apply the provision of this agreement to the merits of the dispute and for all matters not expressly settled in this agreement, French law (exclusive of international Private Laws) shall govern. "2. 2a the said agreement was renewed from