ORDER : 1. Heard the parties. 2. Learned counsel for the appellant at the outset submits that he does not want to press the challenge of the order passed under Order 7 Rule XI C.P.C. Ordered accordingly. 3. So far as the contention with regard to the applicability of Section 45 of the Arbitration Act is concerned the counsel for the appellant contended that the original application may be treated an application as one under Section 45 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'), to which there is no objection from the respondent. 4. In this view of the matter we set aside the order of the trial court as well as of the High Court and the matter is remanded to the trial court to decide it afresh by treating the original application as one under Section 45 of the Act. The trial court shall dispose of the application in terms of the majority view expressed by this Court in the case of Shin-Etsu Chemical Co. Ltd. v. Aksh Optifibre Ltd. and another, 2005 (7) SCC 234 . 5. The appeals are disposed of accordingly.