AHCOM SARI Vs. PENIEL CASHEW COMPANY

JUDGEMENT

(1.) THIS Original Petition is filed by the petitioner seeking interim attachment of petition schedule properties belonging to the respondents until culmination of arbitration proceeding and realization of the amount, to direct the respondents to furnish security for the amount claimed in the arbitration proceedings and for other reliefs.

(2.) PETITIONER , in anticipation of arbitration proceeding filed Ext.P1, application in the Principal District Court, Kollam under Section 9 of the Arbitration and Conciliation Act, 1996 and moved Ext.P2, application for attachment of the properties scheduled. The proceeding was made over to the First Additional District Court, Kollam for consideration where no notice was ordered to the respondents. In the meantime it is submitted that an award has also been passed in favour of petitioner (Ext.P3).

(3.) LEARNED counsel submitted that the Presiding Officer of the First Additional District Court is appointed as Presiding Officer of the Family Court, Attingal and a new Officer has not been appointed in that Court. It is submitted that in the circumstances if Exts.P1 and P2 proceeding continue in the First Additional District Court, Kollam there is no possibility of said applications being disposed of immediately. Learned counsel submitted that appropriate interim orders may be passed as prayed for in the Original Petition and that the case may be transferred to the Second Additional District Court, Kollam for disposal having regard to the circumstances stated above.