KISHOREKUMAR.M. Vs. SHRIRAM TRANSPORT FINANCE COMPANY LTD

JUDGEMENT

(1.) The petitioner, who is the first respondent in CMA(Arbitration)No.141 of 2021 pending before the Commercial Court, Kollam, has filed this original petition under Article 227 of the Constitution of India, for issuing a direction to the Commercial Court, Kollam (Principal Sub Judge, Kollam) not to entertain Ext.P1 [CMA (Arbitration) No.141/2021].

(2.) Heard the learned counsel for the petitioner on admission.

(3.) The learned counsel for the petitioner argued that as per Sec. 17 of the Arbitration and Conciliation Act, as amended 2015 though Arbitrator is having power to order attachment of the vehicle hypothecated, the order cannot be enforced through the Commercial Court or through Civil Court. Therefore, the legal question in this regard to be heard and decided.