SUNDARAM FINANCE LTD Vs. RADHAMMA

JUDGEMENT

(1.) WHETHER an appeal is maintainable against an order passed under S. 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the 1996 Act') as an interim measure? If appeal is maintainable, what is the court fee payable? These are the two questions considered in this order.

(2.) THE appellant, a finance company, in this case filed an application before the District Court as O. P. (Arb.) No. 22 of 2003 under s. 9 (2) of the Act to have the hired vehicle (under hire purchase agreement)seized through a Commission appointed pending arbitration proceedings. It is not disputed that arbitration proceedings are in progress involving the above hired vehicle.

(3.) S. 21 of the Kerala Court Fees and Suits Valuation Act, 1959 (hereinafter referred to as 'the Court Fees Act') reads as follows:? "21. Fee how reckoned:- The fee payable under this act shall be determined or computed in accordance with the provisions of this chapter, Chapter VI, Chapter IX and Schedules I and II. "