(PRAYER: Appeal filed under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996 against the order of the learned single Judge passed in Application Nos.4149 of 2004 and 2232 of 2005, dated 15.07.2005.)

THE HON’BLE CHIEF JUSTICE

This appeal is directed against the order of the learned single Judge in an application under Section 9 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) making absolute the prohibitory order restraining the Garnishee, the second respondent in this appeal, from making any payment to the appellant.

2. The appeal arises under the following circumstances: -

The appellant is a company incorporated under the Companies Act, 1956 having its Registered Office at Hyderabad. In or around January, 2003 the appellant had called for tenders for the works of Erection, Testing and Commissioning and Power Evacuation and distribution system for the Biomass Best Power Plant of 6 MW capacity. The tender submitted by the first respondent was accepted, and seven purchase orders were issued by the appellant to the first respondent with annexures specifying the works and prices. As per Clause –11 of the agreement any difference in the interpret