R.L. Khurana, J.—This order will dispose of the above noted two applications. O.M.P. No. 442 of 1998 has been made by the petitioner, State of Himachal Pradesh, under Section 151, Code of Civil Procedure, for the stay of operation of the interim award dated 29.5.1998 and further proceedings pending before the Arbitrator. OMP No. 538 of 1998 has been made by the respondent, M/s. D.P. Communication System (P) Ltd., under Section 5 of the Arbitration and Conciliation Act, 1996, (for short, the Act) for recalling and vacation the interim order dated 5.11.1998 of this Court.

2. Briefly, the facts of the case leading to the present two applications may be thus stated. The parties entered into an agreement dated 31.1.1995, for running "on line lotteries". Such lotteries were to commence within eighteen months from the date of the agreement. The start update thus was 1.8.1996. The respondent requested for six months extension in the start update. The petitioner, as a goodwill gesture, accepted the request of the respondent subject to the condition that a supplementary agreement be executed. The defendant failed to respond and ultimately the agreement dated 31.1.1995 was terminated