The Court allows re-submission of a Section 9(2) application under the Arbitration and Conciliation Act, emphasizing maintainability issues.

JUDGMENT

In view of the order that is proposed to be issued, there is no necessity to issue notice to the respondents.

2. The prayer in the original petition is to direct the Principal District Court, Ernakulam, to permit the petitioner to re-present the file after curing the defect and post it for admission and hearing before the court. This is a case where the Registry had returned the file stating that it is not maintainable. The issue relates to the maintainability of a Section 9 (2) application under the Arbitration and Conciliation Act, 1996 . In similar circumstances this Court had in O.P(C).No.3175 of 2025 and connected cases filed by another financial institution disposed of the original petitions with direction to the District Judge, Ernakulam, to assign the numbers to the miscellaneous applications filed by the petitioners and pass orders in accordance with law. I find no reason not to grant the same relief in this case also.

In the above circumstances, this original petition is allowed and the petitioner is permitted to re-submit the application and on such re-submission, the court shall assign numbers to the application and hear and pass orders on the same in accordance with law.

Sd/-

T.R.RAVI JUDGE