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2018 Supreme(Ker) 844

ANU SIVARAMAN
Anzu K. H. – Appellant
Versus
Shakthi Finance Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V Sethunath (Adv.)
For the Respondent: P Paulochan Antony (Adv.)

JUDGMENT :

Anu Sivaraman, J.

1. This writ petition is filed by the petitioner seeking the following prayers:

"1. Issue a writ of certiorari or appropriate writ order or direction to the respondents 1 and 2 to quash Ext.P2 order as it is illegal;

2. Issue a writ of mandamus or appropriate writ order or direction to the respondent 1 and 2 to declare that only Civil Courts are having the authority of enforcement of interim orders passed by the arbitrators;

3. Issue a writ of mandamus or appropriate writ order or direction to the respondent 3 and 4 not to enforce the Ext.P2 order without an order from any Civil Court."

2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent. Learned counsel for the petitioner challenges Ext.P2 order of attachment issued by the arbitrator on the ground that the same is illegal in the sense that the attachment which is ordered as an interim measure could not have been recorded and intimated by the arbitrator, without recourse to the Civil Court. Relying on the decision of this Court in Pradeep v. Station House Office, 2016 (2) KHC 714. it is contended that when an order is issued by the Arbitral Tribunal, the same c









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