IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 160 of 2009(M/S) Power Transmission Corporation of Uttarakhand Ltd. …….. Petitioner Versus M/s Utkal Galvanizers Ltd. …….. Respondent ………. Mr. Vinay Kumar, Advocate for the petitioner. Mr. Alok Singh, Senior Advocate with Mr. D. Barthwal, Advocate for the respondent. Hon’ble V.K. GUPTA, C. J. This is highly frivolous, untenable and totally non-maintainable writ petition. The writ petition has been filed against an ad interim ex parte order passed on 1st September, 2008 by which while issuing an ex parte ad interim injunction, the learned District Judge, Dehradun had fixed 25th September, 2008 as the next date in the case. This petition was filed in the month of February, 2009. This petition is not maintainable and is frivolous on two counts; firstly, the petitioner has not disclosed to this Court as to what happened between September, 2008 and February, 2009. Whether the learned District Judge heard the parties and confirmed or varied or vacated the ad interim order dated 1st September, 2008 or he did not do so? Secondly, U/s 37 of the Arbitration and Conciliation Act, 1996, the writ petition is not at all maintainable because the aforesaid section clearly provides for alternative remedy of an appeal against the aforesaid order. The writ petition is dismissed with exemplary cost of Rs. 5,000/- (Rupees Five Thousand only) to be deposited in the Advocates’ Welfare Fund in four weeks from today. (V. K. Gupta, C. J.) 16.03.2009 A 2