V. Ramkumar, J.

1. In this appeal filed under S.37(1)(a) of the Arbitration and Conciliation Act, 1996 ("the Act" for short), the appellant i.e. the Board of Trustees, Port of Cochin, challenges the order dated 05.09.2011 passed by the District Judge, Ernakulam dismissing on merits OP (Arbitration No. 505/2011) filed by the appellant under Section 9 of the Act.

THE PARTIES

2. The appellant is a major Port constituted under the Major Port Trusts Act, 1963 having its office at Willingdon Island, Kochi -I and is represented by its Chairman Sri. Paul Antony. The first respondent i.e. Jaisu Shipping Company Private Ltd. is company incorporated under the Companies Act, 1956, having its registered office at Kewal Remany House, Dinshaw Building Road, Nedar Custom House, Kandala Port, Gujrat 370 220 and having a branch office at Link Horizon, Marine Drive, Ernakulam. The additional second respondent i.e. Jaisu Dredging and Shipping Ltd., Gujrat got itself impleaded as per the order dated 04.10.2011 in IA 2557/2011 and claims ownership rights over the dredgers and equipments in respect of which the appellant sought a conditional order of attachment.

3. As per the impugned order t