IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.556 of 2008 M/S ORISSA CONCRETE & ALLIED INDUSTRIES LTD. Versus EAST CENTRAL RAILWAY ----------- 18. 03.02.2011 Heard the parties. The petitioner seeks quashing of the order dated 28.8.2008 passed by Civil Judge I (S.D), Vaishali at Hajipur on a petition dated 22.8.2008. The back ground of the case is that an award was delivered with which the appellant was aggrieved and filed an application under Section 34 as provided under the Arbitration and Conciliation Act, 1996. While the application was pending he filed a petition under Section 9 of the Act seeking an injunction for restraining the Respondents from giving effect to the award. Learned counsel for the appellant submits that the injunction should have been granted because this was an interim measure before the final order that was required to be passed under Section 34 of the Act. On the other hand the learned counsel for the Respondents points out that it is stated in the impugned order that notices be sent to the respondents in support of the petition dated 6.8.2008 under Section 9 of the Arbitration and Conciliation Act, 1996 and, therefore, the court below had not applied its mind or passed any final order in that regard. Even, in my view, the Magistrate even though after having elaborated various aspects of the award, which was totally unwarranted, stalled final order stating therein that notices had to be sent to the Respondents in the application under 9 of the Arbitration and Conciliation Act, 1996. In view of such, the Court is directed to pass appropriate order without being influenced by any other factor except the merit of the Award within a period of three months. Since the respondents have already appeared before this court in the present application no further notice is required to them. Since the operation of the order was stayed by this court by an order dated 29.9.2008, in the interest of justice, the said stay shall operate till the disposal of the application under Section 9 of the Arbitration and Conciliation Act, 1996. With these observations, the application is disposed off. Fahad. ( Anjana Prakash, J. )