ORDER :

K.R. Mohapatra, J.

This appeal has been filed assailing order dated 18.01.2016 passed by the learned District Judge, Koraput-Jeypore in I.A. No. 1 of 2016 arising out of C.M.A. No.1 of 2016.

2. The appellant filed an application under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’) (CMA No.1 of 2016) praying for an interim protection by restraining the respondent from liquidating /enforcing the bank guarantee offered by the appellant through IDBI Bank, Vishakhapatnam, issued through Karur Vysya Bank Ltd., Seetammadhara, Vishakhapatnam and for other reliefs. Along with the petition under Section 9 of the Act, the appellant also filed a petition under Order 39 Rules 1 and 2, CPC praying inter alia to restrain the respondent from invoking the bank guarantee till disposal of the CMA. Along with the petitioner under Order 39 Rules 1 and 2, CPC, i.e., I.A. No.1 of 2016, the appellant also filed a petitioner under Order 39 Rule-3 to pass an ad-interim order of injunction by dispensing with issuance of notice to the respondent showing urgency in the matter. That petition being rejected, the appellant has come up with this appeal.

3. By order dated 28.01.2