ORDER :

1. The counsel for the respondent has not appeared apparently because he is abstaining from work pursuant to the call given by the office bearers of the Bar Association. Such non-appearance is clearly illegal and in breach of the order passed by Hon’ble Supreme Court in the case of Ex. Capt. Harish Uppal vs. Union of India and Another, 2003 (2) SCC 45.

2. Heard.

3. This appeal is directed against the order dated 26.04.2022 passed by the Commercial Court No. 1 Jodhpur by which the interim order dated 13.04.2022 pending decision of application under Section 9 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) filed by the appellants, has been discontinued.

4. The appellants moved an application under Section 9 of the Act before the Commercial Court seeking interim measures on the pleadings inter-alia that an award for specific performance of agreement between the parties has been passed by the sole Arbitrator on 31.07.2021. In the application, it was also stated that because of the pendency of PIL and in view of the conditions imposed in the award, the award could not be executed but in the meantime, the respondent is proceeding to dispose off/transfer the right,