SHINAGO HOLDINGS PRIVATE LIMITED Vs. M. ETHIRAJ

JUDGEMENT

(1.) This intra-court appeal is directed against an order dated 13.04.2017 made by a learned Single Judge on the Original Side of this court in two applications taken out under various sub sections of Sec. 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'A and C Act' for the sake of brevity).

(2.) Vide the aforesaid order dated 13.4.2017, which is a common order in two applications, learned Single Judge has granted interim measures sought for in both the applications under Sec. 9 of the A and C Act.

(3.) A perusal of the memorandum of grounds of Original Side Appeals in the instant intra-court appeal before us reveals that these appeals have been filed under Order XXXVI Rule 9 of the Original Side Rules of this Court read with Clause 15 of the Letters Patent. It is clearly impermissible, in the light of section 37 of the A and C Act and in the light of the elucidation on this aspect of the matter by the Honourable Supreme Court of India in Fuerst Day Lawson Limited Vs. Jindal Exports Limited [(2011) 8 SCC 333]. Therefore, without standing on technicalities, we treat this as appeals under Sec. 37 of the A and C Act, under Sec. 37(1)(b) to be precise.