C.R.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED MUSTAQUE &

THE HONOURABLE MR. JUSTICE S.MANU TUESDAY, THE 3^RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946 WA NO. 1288 OF 2024 AGAINST THE JUDGMENT DATED 03.07.2024 IN WP(C)

NO.31882 OF 2022 OF HIGH COURT OF KERALA APPELLANT/3RD RESPONDENT:

M/S SHRIRAM TRANSPORT FINANCE CO.LTD HAVING ITS REGISTERED OFFICE AT BUILDING NO.XXI/41 J 1ST FLOOR AQUARIUS EDIFICIO, REPUBLIC ROAD, OPP.VIJAYA BANK NORTH PARAVUR REP BY ITS AUTHORISED OFFICER 683513 NEW ADDRESS M/S.

SHRIRAM FINANCE LIMITED FORMERLY KNOWN AS SHRIRAM TRANSPORT FINANCE COMPANY LIMITED HAVING ITS HAVING ITS REGISTERED OFFICE AT BUILDING NO XXI/41 J 1ST FLOOR, AQUARIUS EDIFICIO, REPUBLIC ROAD OPPOSITE VIJAYA BANK, NORTH PARAVOOR ERNAKULAM 683 513 REPRESENTED BY ITS AUTHORISED SIGNATORY MAHESH G., PIN – 683 513 BY ADVS.

C.HARIKUMAR ARUN KUMAR M.A SANDRA SUNNY RESPONDENTS/PETITIONER, RESPONDENTS 1 & 2, 4 TO 5:

1 SANEESHA M S, AGED 35 YEARS, W/O VISHNUDAS, MANALIL HOUSE, PARAVOOTHARA MAKKANAY, MANNAM P O, PARAVOOR TALUK, ERNAKULAM DISTRICT REP BY POWER OF ATTORNEY HOLDER SAJEEVAN M K, AGED 63 YEARS, S/O KAKKARA, MANALIL HOUSE, PARAVOOTHARA MAKKANAY, MANNAM P O, PARAVOOR TALUK, ERNAKULAM DISTRICT, PIN – 683 520

2 THE VILLAGE OFFICER, VILLAGE OFFICE, KOTTUVALLY N. PARAVUR TALUK, ERNAKULAM, PIN – 683 519

3 SUB REGISTRAR, SUB REGISTRY OFFICE NORTH PARAVUR, ERNAKULAM, PIN – 683 513

4 SOORAJ P C, PANDARAPARAMBIL (H),KIZHAKKEPARAM PARAVUR LITTLE HEARTS SCHOOL PARAVUR, ERNAKULAM, PIN – 683 513

5 BEENA CHIDAMBARAN, PANDARAPARAMBIL (H),KIZHAKKEPARAM PARAVUR LITTLE HEARTS SCHOOL PARAVUR, ERNAKULAM, PIN – 683 513 HARISH K P SR GP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.R.

J U D G M E N T

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 sustained against the real owner. This is questioned before this Court in an intra-court appeal.

3. The learned counsel for the appellant submits that no challenge can be sustained against the interim order passed under the Arbitration and Conciliation Act invoking Article 226 of the Constitution of India and the remedy lies before the Civil Court under Section 37 of the Arbitration and Conciliation Act.

4. The learned counsel for the respondents submits that since an order has been passed without impleading the writ petitioner-Saneesha M S, she is precluded from raising a challenge against the order invoking Section 37 of the Arbitration and Conciliation Act and since no other remedy is available under law, the writ petition is maintainable.

5. We are now called upon to decide a peculiar issue on intersection of private law and public law remedy.

6. Section 17 of the Arbitration and Conciliation Act confers power on arbitral tribunal to issue interim measures. Sub Section 2 of Section 17