IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Arb.A.No.24 of 2008 (E) ---------------------------- O.P(ARB).73/2007 of DISTRICT COURT,TRIVANDRUM .................... APPELLANTS/PETITIONERS IN O.P.(ARB) 73/2007 ------------------------------------------------------------ 1. M/S.MEDICAL MISSION TRUST PAMPAN MADHAVAN RD., TALAP, KANNUR, REPRESENTED BY THE CHAIRMAN A.PREMARAJAN. 2. G.P.GOPALAKRISHNAN, AGED 46, S/O. GOPALAN NAMBIAR, ONE OF THE AUTHORISED SIGNATORIES OF M/S. MEDICAL MISSION HOSPITAL, PONGUMOODU, THIRUVANANTHAPURAM. 3. M.RAMESH, AGED 32 YEARS, S/O. SREEDHARAN, THE OTHER AUTHORISED SIGNATORY, M/S. MEDICAL MISSION HOSPITAL, PONGOUMOODU, THIRUVANANTHAPURAM. BY ADV. SRI.PRAVEEN K. JOY RESPONDENTS/RESPONDENTS IN O.P.(ARB) 73/2007 --------------------------------------------------------------- 1. M/S. VANCHINADU HOSPITAL LTD., HOSPITAL ROAD, P.B.NO.2840, ULLOOR, PONGUMOODU, THIRUVANANTHAPURAM, REPRESENTED BY CHAIRMAN, DR.B.RADHAKRISHNAN, AGED ABOUT 62,S/O. RAGHAVAN PILLAI, VANCHINAD HOSPITALS LTD., ULLOOR, THIRUVANANTHAPURAM. 2. DR.B.RADHAKRISHNAN, AGED ABOUT 62 YEARS, S/O. RAGHAVAN PILLAI, CHAIRMAN, M/S. VANCHINAD HOSPITAL LTD., ULLOOR, PONGUMOODU, THIRUVANANTHAPURAM. Arb.A.No.24 of 2008 (E) -2- 3. V.G.CHACKO, AGED ABOUT 75 YEARS, S/O. MAMMAN GEE VARGHESE, MANAGING DIRECTOR, M/S. VANCHINAD HOSPITALS LTD., ULLOOR, THIRUVANANTHAPURAM. THIS ARBITRATION APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ Arbitration Appeal No.24 of 2008 ------------------------------------------------ Dated this the 5th day of August, 2008 JUDGMENT J. B. Koshy, J The appellant approached the District Court by filing O.P.(Arbitration) No.73/07. Respondents also filed O.P. (Arbitration) No.195/06. Both Petitions for interim relief were partly allowed. Interim injunction was granted from evicting the appellants and the appellants were allowed to continue their business in the Hospital premises. We are of the opinion that no interference is required in the impugned judgment passed by the District Court at the instance of the appellant. If the appellant wants any relief, it is for them to move Arbitrator Tribunal and seek appropriate orders. With Arbitration Appeal No.24 of 2008 -2- this observation, this appeal is dismissed. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-