( 1 ) THIS appeal under Section 37 (1) (a) of the Arbitration and conciliation Act, 1996 (hereinafter called as the 'act') is directed against the order dated 18-8-2004 passed by the learned District Judge, sundargarh in Civil Misc. Application No. 8 of 2004 restraining the present appellant, it's servants, agents and any other person acting under the appellant from relying, acting upon, giving effect to letter dated 24-11 -2003 and the purported termination of the contract on 14-5-2003. The Court further restrained the appellant from dispossessing the respondent from the mines in question and directed that the temporary injunction shall remain in force till final award is passed by the Arbitration Tribunal.

( 2 ) THE respondent filed an application under Section 9 of the Act to restrain the appellant from acting upon or giving effect to letter dated 24-11-2003 and the purported termination thereby and also for restraining the appellant from dispossessing the respondent from the schedule mines and raising ore therefrom. Case of the respondent before the learned District Judge is that the Government of Onssa granted lease of mining land at Patmunda, Orahari. Tentuldi, kusumdihi, So