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A. MUHAMED MUSTAQUE, S. MANU
Shriram Transport Finance Co. Ltd – Appellant
Versus
Saneesha M. S. , W/o Vishnudas – Respondent
JUDGMENT :
A. Muhamed Mustaque, Acg.C.J.
This appeal is filed by M/S. Shriram Transport Finance Co.Ltd. They raised a dispute against Sooraj P.C and Beena Chidambaran before the arbitrator. Adv.Sheen Jose has been appointed as arbitrator. Arbitrator passed an interim order invoking Section 17 of the Arbitration and Conciliation (Amendment) Act 2015. By that order, a property comprised in Sy.No.152/4-7-2 in Kottuvally Village, Paravur Taluk has been attached. In the order itself, the arbitral tribunal has given the intimation of attachment to the Sub Registrar, Paravur and Village Officer etc. Consequent upon attachment being recorded by the Sub Registrar and Village Officer, the writ petitioner- Saneesha M S, who claims to be the owner of the property, has approached this Court challenging the interim order passed by the arbitral tribunal invoking Article 226 of the Constitution of India.
2. The learned Single Judge, who heard the matter, had allowed the challenge. The learned Single Judge, noting that the property attached does not belong to the debtors, who were before the arbitral tribunal, but belonged to the writ petitioner-Saneesha M S, had ordered that the award cannot be susta
The arbitral tribunal cannot enforce its own orders; enforcement must be through a civil court, ensuring the protection of third-party rights.
The executing court for arbitral orders operates ministerially, adhering strictly to the order's enforceability without reviewing the arbitral decision's merits, ensuring minimal judicial interferenc....
Point of law: No power vested with the Arbitrator to act as a Civil Court and enforce the order. This is quite clear from sub section (2) of Section 17 which specifies that the order so passed by the....
Arbitration – Interim Award - when the dispute is a commercial dispute as defined under the Commercial Court Act, the Civil Court competent to enforce the interim order is the Commercial Court.
Arbitral orders must be enforced through civil courts, as per the Arbitration and Conciliation Act, 1996.
Judicial intervention in arbitration is restricted; parties can only challenge interim orders in specific circumstances post-award under the Arbitration Act.
The court may exercise jurisdiction under Section 9 of the Arbitration and Conciliation Act if the remedy under Section 17 is found to be inefficacious.
The court may exercise jurisdiction under Section 9 of the Arbitration and Conciliation Act if the remedy under Section 17 is found to be inefficacious, particularly regarding third parties not party....
Section 12 sets out grounds of challenge to person appointed as arbitrator and duty of an arbitrator appointed, to disclose any disqualification he may have.
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