IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL A.O. No.286 of 2005 Tehri Hydro Development Corporation Ltd. ..… Appellant Versus M/s Karam Chand Thapar & Ors. ….. Respondents Hon’ble B.S. Verma, J. Heard Mr. Shobhit Saharia, learned counsel for the petitioner and Mr. V.K. Kohli, Senior Advocate assisted by Ms. Vandana Singh, Advocate holding brief of Mr. I.P. Kohli, learned counsel for the respondents. This appeal is directed against the interim order dated 6.4.2005 passed by District Judge, Tehri Garhwal, in Misc. Civil Case No.41 of 2004, whereby the application under section 9 of the Arbitration and Conciliation Act, 1996, was allowed and the appellant was restrained not to deduct any amount under Clause 34.0(iii) of the GCC under the three packages all dated 3.1.1996 of the appellant, pending the resolution of dispute between the parties herein finally by the arbitral proceedings. Sri Shobhit Saharia, learned counsel appearing for the appellant informed to the Court that the arbitration proceedings are at final stage and he prayed that the interim order dated 1.7.2005 passed by this Court may be made absolute and the appeal may be disposed of as such. Interim order dated 1.7.2005 passed by this Court is reproduced hereunder:- “Heard. Admit. 2 The impugned order dated 6.4.2005 shall remain stayed to the extent of 50% of deduction in question. The rest of the 50% of deduction shall be paid to the respondent subject to furnishing of bank guarantee by him, if not the sum otherwise secured. In the meantime, the Arbitrator is directed to enter into the arbitration proceedings within three weeks and shall decide the arbitration proceedings within a period of three months from today. The parties shall cooperate with the arbitrator. The order of District Judge, Tehri Garhwal as well as the order passed by this Court shall be in force only till the award is not made”. In view of the fact that the arbitration proceedings are at the final stage, interim order dated 1.7.2005 passed by this Court, is made absolute. The appeal is, accordingly, disposed of in terms of interim order. (B.S. Verma, J.) 31.3.2011 RG 2