H.G. RAMESH, J.

1. This appeal is presented under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996 (‘the Act’) against the order dated 21.12.2013 passed by the Court of the Additional City Civil Judge, Bangalore, allowing Arbitration Application No. 850/2013 presented under original Section 9 of the Act. By the impugned order, the appellant has been restrained from enforcing the terms of the memorandum of understanding dated 18.05.2011 (18.04.2011) till constitution of the Arbitral Tribunal and initiation of proceedings by it.

2. We have heard learned counsel appearing for the appellant and perused the impugned order. Counsel for the respondents is absent. The sole contention urged by learned counsel for the appellant is that, in view of Rule 9(4) of the High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001 (‘the Rules’), the impugned order dated 21.12.2013 granting the interim measure under Section 9 of the Act stood vacated on the expiry of three months from the date of presentation of the application under Section 9 of the Act, as arbitral proceedings were not initiated within the aforesaid three months. To examine the contention u