A.BADHARUDEEN
Kishorekumar M. S/o Mohanan – Appellant
Versus
Shriram Transport Finance Company Ltd. – Respondent
JUDGMENT :
A. BADHARUDEEN, J.
1. The petitioner, who is the first respondent in CMA (Arbitration) No. 141 of 2021 pending before the Commercial Court, Kollam, has filed this original petition under Article 227 of the Constitution of India, for issuing a direction to the Commercial Court, Kollam (Principal Sub Judge, Kollam) not to entertain Ext.P1 [CMA (Arbitration) No. 141/2021].
2. Heard the learned counsel for the petitioner on admission.
3. The learned counsel for the petitioner argued that as per Section 17 of the Arbitration and Conciliation Act, as amended 2015 though Arbitrator is having power to order attachment of the vehicle hypothecated, the order cannot be enforced through the Commercial Court or through Civil Court. Therefore, the legal question in this regard to be heard and decided. In view of the argument, the question arises for consideration is; what is the mode of enforcement of an interim order passed by an Arbitrator under Section 17(1) of the Arbitration and Conciliation Act, 1996.
4. In answer to this query, it is apposite to refer Section 17(2) of the Arbitration and Conciliation Act as amended 2015. It is provided therein that subject to any orders passed in an
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