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2016 Supreme(Ker) 102

A.MUHAMED MUSTAQUE
PRADEEP K. N. – Appellant
Versus
STATION HOUSE OFFICER, PERUMBAVOOR POLICE STATION – Respondent


Advocates Appeared:
For the Petitioner: SRI. BABU CHERUKARA.
For the Respondent: GOVT. PLEADER SRI. MANOJ P. KUNJACHAN, SMT. JAYASREE MANOJ, SRI. JITHIN PAUL VARGHESE, SMT. M. PPRIYANKA.

JUDGMENT :

The common question of law in all these writ petitions is regarding enforcement of the interim order issued under Section 17 of the Arbitration and Conciliation Act, 1996 (Act 26 of 1996) as amended by the Act 3 of 2016, by the Arbitral Tribunal.

2. The writ petitioners have availed vehicle loans from finance companies, which have been arrayed as party respondents in the writ petitions. They have approached this Court raising a grievance to the effect that the interim order passed by the Arbitral Tribunal is enforced/being attempted to be enforced without putting the orders for enforcement, following the procedures under the Code of Civil Procedure, before the Principal Civil Court.

3. Before proceeding to consider the questions that have arisen for consideration, it is appropriate to refer the power of this Court to interfere with an order passed by the Arbitral Tribunal. The Constitution of the Arbitral Tribunal is referable to a Contract. The jurisdiction, therefore, is based on a Contract. The Arbitration and Conciliation Act, 1996 is enacted essentially for the recognition of the award and its enforcement.

4. The jurisdiction of this Court invoking power of Article 226























































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