IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL A.O. No. 347 of 2011 M/s New Asian Construction Company. … Appellant. Versus UJVN Limited and others. … Respondents. Mr. Sharad Sharma, Senior Advocate, with Mr.Dharmendra Barthwal, Advocate, learned counsel for the appellant Mr. Vinay Kumar, Advocate, learned counsel for the respondent Nos. 1 and 2. Date August 23, 2011. Hon’ble B.S.Verma, J. (Stay Application No. 8624 of 2011) (Miscellaneous Application No. 8625 of 2011) Heard learned counsel for the parties. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 is directed against the order dated 16-8- 2011 passed by the District Judge, Dehradun in Arbitration Case No. 53 of 2011, whereby the ex parte injunction was declined and notices were issued to the respondents and now the date fixed is 30- 8-2011 in the case before the District Judge. Mr. Sharad Sharma, learned Senior Advocate appearing on behalf of the appellant has contended that if ex parte injunction is not granted in favour of the appellant, in that event, the respondents’ authority may proceed on the basis of letter dated 22-7-2011. According to the appellant, the respondents may invoke Clause 42 of the general conditions of the agreement. Learned counsel appearing on behalf of the respondent nos. 1 and 2, Mr. Vinay Kumar, Advocate, on the basis of instructions received from the Department, has stated that the letter dated 22-7-2011 is not a notice for invoking Clause 42 of the general conditions of the agreement between the parties, but it is a notice to expedite the work given under contract to the appellant. 2 In view of the above and also considering the statement made by the learned counsel for the respondent nos. 1 and 2 at the Bar, coupled with the fact that the application has not been heard by the District Judge on merits, this is not a case of urgency to hear the matter ex parte without considering the objection of the respondents. The date fixed in the matter before the District Judge is 30-8-2011. Since Mr. Vinay Kumar, Advocate, has put in appearance on behalf of the respondent nos. 1 and 2, the respondents are directed to file objection before the District Judge, Dehradun by 27-8-2011, so that the District Judge may hear the application for interim injunction on merits. The appellant may file reply, if any, till 29-8-2011 and on 30-8-2011, the learned District Judge shall hear the application on merits expeditiously, without further delay in the matter. With the above directions, the appeal is disposed of accordingly. Costs easy. All pending applications also stand disposed of. (B.S.Verma, J.) RCP