Arun Mishra, J.

( 1. ) This Arbitration Appeal has been filed under section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996) assailing the order passed by the Court of First Additional Judge to the Court of First Additional District Judge, Narsinghpur in Misc. Arbitration Case No. 9/2008.

( 2. ) M/s B.C.Biyani Projects Pvt. Ltd filed an application under section 9 of the Act of 1996 in the backdrop of the fact that M/s B.C.Biyani Projects Pvt. Ltd entered into an agreement with Ssangyong Engineering Constructions Company Ltd. for providing all adequate labour plant, machinery, construction equipment and all other resources-financial and administrative etc required in order to perform the work order under the project signed between Ssangyong Engineering Constructions Company Ltd. and National Highways. The work in question which was to be performed, was given to Ssangyong Engineering Constructions Company Ltd by National Highway Authorities of India (for short NHAI) for construction of four laning of Jhansi-Lakhanadon section Km.351.0 to Km.405.7 of NH-26 in the State of Madhya Pradesh on 12.4.2006. The agreement of subcontract betw