KRISHNA MOTOR FINANCE LTD Vs. ILTUSH AHAMMED

JUDGEMENT

(1.) By consent of the parties the appeal is taken up for hearing as we feel that the appeal of this nature need not wait for hearing with all formalities. Hence, such formalities are dispensed with.

(2.) This appeal is taken out against an order passed by the learned Judge, 3rd Bench, City Civil Court at Calcutta in Misc. Case No. 520 of 2010.

(3.) The appellant before us approached the learned Trial Judge with an application under section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'said Act') for Rs. interim order in the nature of injunction and appointment of receiver over the vehicle etc. , . However, the learned Trial Judge, by the impugned order, has dismissed the application in limine observing since similar remedy is available under section 17 of the said Act, this application should not be entertained.