JUDGMENT

A. S. NAIDU, J. — These two appeals have been filed invoking jurisdiction of this Court under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996 (hereinafter called ‘the Act’) assailing the order dated 2 April, 2004 passed by the District Judge, Ganjam-Gajapati, Berhampur in Arbitration Peti¬tion No.2 of 2004.

2. The aforesaid Arbitration Petition was filed by Bumihi¬way DDB Ltd. (JV) and others under Section 9 of the Act seeking interim protection by way of restraining the National Highway Authority of India and others from entering upon the work-site and/or giving effect to the order of cancellation dated 14th January, 2004 and further restraining the said National Highway Authority from invoking the bank guarantee(s). The District Judge disposed of the said Arbitration Petition directing as follows :-

“The opp.parties are hereby restrained from expelling the petitioners from the work site till the dispute between the par¬ties is adjudicated and decided within the framework as envisaged in the agreement by the Disputes Review Board and if necessary by arbitration thereafter, within the period as specified in the agreement. The prayer for restraining invocat