THE PUNJAB STATE CO-OPERATIVE SUPPLY & MARKETING FEDERATION, LIMITED Vs. M/S. PANCHSHEEL RICE TRADERS, RAJPURA. DISTRICT PATIALA AND OTHERS

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Subordinate Judge, First Class, Patiala dated September 18, 1987, whereby the application filed by the Petitioner under Order XXXVIII, Rule 5 of the Code of Civil Procedure, (hereinafter called the Code), was dismissed.

(2.) THE Petitioner filed an application under Section 20 of the Arbitration Act, on September 11, 1987. Along with that application the Petitioner also moved an application under Order XXXVIII Rule 5 of the Code for the attachment of the property of the Respondents. However, the main petition under Section 20 of the Arbitration Act, was ultimately allowed and the matter was referred to the Arbitrator. The application under Order XXXVIII Rule 5 of the Code was contested by the Respondents, which was dismissed on the ground that from the provisions of Schedule II to the Arbitration Act, it was clear that the application for attachment before judgment is not covered under the provisions of the said Schedule. Further, the provisions of the Code have been made applicable to the proceedings under the Arbitration Act subject to the provisions of the Arbitration Act and the rules framed thereunder. According to the provisions of Order XXXVIII Rule 5 of the Code could not be applied to the property sought to be attached. Dissatisfied with the same, the Petitioner has filed this revision petition in this Court.

(3.) THE learned Counsel for the Petitioner submitted that the view taken by the learned Subordinate Judge in this behalf was wrong. The provisions of the Code as such were applicable including the provisions of Order XXXVIII Rule 5 of the Code In support of the contention, the learned Counsel relied upon M/S Ram Chander Arjan Dass v. M/S National Textiles Corporation : (1983) 85 P.L.R. 199, and Debendra Nath v. Dwijendra Nath : A.I.R. 1970 Cal. 255.