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2026 Supreme(Online)(Ker) 6988

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
SANIL KUMAR – Appellant
Versus
DARSANA – Respondent


Advocates:
For the Appellants/Petitioners: DR.V.N.SANKARJEE, SHRI.V.N.MADHUSUDANAN, SMT.R.UDAYA JYOTHI, SMT.KEERTHI B. CHANDRAN, SHRI.VIJAYAN PILLAI P.K., SMT.SHILPA P.S., SHRI.UNNIKRISHNAN H., SMT.SHRIYA MERLIN MAXWELL
For the Respondents: SRI.JOSEPH RONY JOSE, SRI.ROY CHACKO

J U D G M E N T

This Original Petition has been filed challenging Ext.P10 order, whereby an application filed by the first respondent for staying further proceedings in A.R.No.1/2024 before the Sole Arbitrator has been allowed.

2. The respondent appeared through counsel and submitted that Ext.P10 order is appealable and cannot be challenged in proceedings under Article 227 of the Constitution of India . Reliance is based on the judgment of a learned Single Judge of this Court in O.P.(C).No.1661/2025, wherein this Court held that the remedy is to approach the Commercial Appellate Court and parties cannot directly file an application under of the . The learned counsel for the respondent also relied on the judgment of a Division Bench of this Court in Sleebachen v. State of Kerala , 2024(4) KLT 449, wherein this Court held that any person aggrieved by the judgment and order of the Commercial Court below the level of a District Judge with respect to a territory over which the High Court has no ordinary original civil jurisdiction may appeal to the commercial appellate court constituted under Section 3A of the Commercial Courts Act , 2015. It is hence pointed out that the order now chal

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