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2018 Supreme(Ker) 609

SATHISH NINAN
HDFC Bank Ltd. – Appellant
Versus
Manaf – Respondent


Advocates Appeared:
For the Petitioners: P. Paulochan Antony, G. Ajith Kumar, S. Sunil Kumar (Palakkad).

JUDGMENT :

Sathish Ninan, J.

1. In the arbitration proceedings, an interim order was passed by the arbitrator under Section 17 of the Arbitration and Conciliation Act, 1996 (the Act for short). The operative part of the order reads thus:

“In the light of the above, in the interest of justice and for the protection of the claimant's interest in respect of the subject matter of the dispute, this Tribunal ORDERS PERMITTING the claimant to repossess the vehicle model MARUTI WAGONR VXI bearing Engine No. 4726591 Chassis No. MA3-EWDE-1S00835575 and Registration No. KL-46L-5183 wherever it is found in the lawful manner with police protection, if required, and keep the vehicle in their custody till the disposal of main arbitration.”

2. The petitioner approached the District Court, Thrissur in a petition under Section 17(2) of the Act praying for appointment of an advocate commissioner to attach and take possession of the vehicle. It was numbered as C.M.A. (Arbitration) No. 18 of 2018. The petitioner also filed an interlocutory application as I.A. No. 372 of 2018 with the same prayer. The learned Judge directed issuance of notice to the respondent. Aggrieved by the order for issuance of notice,








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