SHRIRAM TRANSPORT FINANCE CO. LTD. Vs. SANEESHA

JUDGEMENT

(1.) This appeal is filed by M/S. Shriram Transport Finance Co.Ltd. They raised a dispute against Sooraj P.C and Beena Chidambaran before the arbitrator. Adv.Sheen Jose has been appointed as arbitrator. Arbitrator passed an interim order invoking Sec. 17 of the Arbitration and Conciliation (Amendment) Act 2015. By that order, a property comprised in Sy.No.152/4-7-2 in Kottuvally Village, Paravur Taluk has been attached. In the order itself, the arbitral tribunal has given the intimation of attachment to the Sub Registrar, Paravur and Village Officer etc. Consequent upon attachment being recorded by the Sub Registrar and Village Officer, the writ petitioner- Saneesha M S, who claims to be the owner of the property, has approached this Court challenging the interim order passed by the arbitral tribunal invoking Article 226 of the Constitution of India.

(2.) The learned Single Judge, who heard the matter, had allowed the challenge. The learned Single Judge,noting that the property attached does not belong to the debtors, who were before the arbitral tribunal, but belonged to the writ petitioner-Saneesha M S, had ordered that the award cannot be sustained against the real owner. This is questioned before this Court in an intra-court appeal.

(3.) The learned counsel for the appellant submits that no challenge can be sustained against the interim order passed under the Arbitration and Conciliation Act invoking Article 226 of the Constitution of India and the remedy lies before the Civil Court under Sec. 37 of the Arbitration and Conciliation Act.