JUDGMENT :

Is an order passed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act') by a Commercial Court appealable under Section 13(1) of the Commercial Courts Act, 2015 (hereinafter referred to as 'the Commercial Courts Act')? This question essentially falls for consideration in the instant case.

2. The first petitioner is a company. The second petitioner is the Chief Executive Officer and the third petitioner is one of the directors of the first petitioner company. The first respondent is a partnership firm. The second respondent is the Managing Partner of the first respondent firm.

3. The first and the second respondents filed an application under Section 9 of the Arbitration Act in the District Court, Ernakulam against the petitioners. This application (Ext.P8) was transferred to the Commercial Court, Ernakulam (the Principal Sub Court, Ernakulam) and numbered as CMA (Arb) No.8/2020.

4. The reliefs prayed for in Ext.P8 application are the following:

“a. Issue a Decree of Interim Injunction restraining the Respondent No.1 and the Respondents No.2 to 10 or their men, officers and agents, from appointing any persons and/or bu