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2023 Supreme(Ker) 24

S. MANIKUMAR, SHAJI P. CHALY
Kotak Mahindra Prime Ltd. – Appellant
Versus
Morbits Technologies Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.NAGARAJ NARAYANAN, SRI.BENOJ C AUGUSTIN, SRI.PRATHAP PILLAI, SRI.SAIJO HASSAN, SRI.SEBIN THOMAS
For the Respondent: SRI.N.K.MOHANLAL, SRI.TEKCHAND.V, SR.G.P.

JUDGMENT :

Shaji P Chaly, J.

The writ petitions are filed by M/S Kotak Mahindra Prime Limited, a non-banking financial institution, the first respondent in W.P.(C)Nos.4325/16 and 8667/2016 respectively, challenging the common judgment of the learned Single Judge dated 16th March 2016; whereby the learned Single Judge allowed the writ petitions filed by the first respondent in the appeals and quashed the interim order passed by the Arbitrator under Section 17 of the Arbitration and Conciliation Act, 1996, hereinafter called ‘Act 1996’, to the extent permitting appellant/claimant to take possession of the secured asset vehicle from whomsoever the vehicle is found by appointing an Advocate Commissioner. The learned Single Judge found that an Arbitrator is not vested with powers under Section 17 (2) of Act 1996 to enforce the order passed by it, and further that for enforcing the order given by the Arbitrator, the intervention of the court in contemplation of the provisions of the Code of Civil Procedure has to be sought for. It is thus challenging the legality and the correctness of the judgment of the learned Single Judge, the appeals are preferred. Since the subject matter is one and

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