IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 30869 of 2011(G) -------------------------- PETITIONER(S): ----------------------- GOPAKUMAR.M.P., MADAPPALLIL HOUSE, ETTUMANOOR P.O., KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY I.G.OF REGISTRATION, DEPARTMENT OF REGISTRATION, THIRUVANANTHAPURAM-695 001. 2. SUB REGISTRAR, ETTUMANOOR SUB REGISTRY OFFICE, ETTUMANOOR, KOTTAYAM-686 631. 3. M/S.SHRIRAM TRANSPORT FINANCE CO.LTD., BRANCH OFFICE, GEETHA COMMERCIAL COMPLEX, NEAR YMCA, MC ROAD, KOTTAYAM REPRESENTED BY BRANCH MANAGER, SUMERSH.M-686001. 4. UNNIKRISHNAN THAMPI, PARUVAKKATTU HOUSE, VAZHAPALLY WEST P.O., KOTTAYAM-686 673. GOVT.PLEADER SRI.MOHAMMD SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30869/11 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1- TRUE COPY OF THE ARBITRATION CASE NO.769/2011. EXHIBIT P2- TRUE COPY OF THE PETITION UNDER SECTION 17 OF THE ARBITRATION & CONCILIATION ACT FILED BY 3RD RESPONDENT. EXHIBIT P3- TRUE COPY OF THE ORDER DATED 24.8.2011 IN IA NO.227/2011 IN AC NO.769/2011 OF THE ARBITRATOR. EXHIBIT P4- TRUE COPY OF THE ENCUMBRANCE RELATING TO THE PROPERTY. EXHIBIT P5- TRUE COPY OF THE REPRESENTATION DATED 26.10.2011 SUBMITTED TO THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30869 OF 2011 ===================== Dated this the 19th day of November, 2011 J U D G M E N T Petitioner is a party to an arbitration proceedings before the Arbitrator. In the dispute, apart from the petitioner, respondents 3 and 4 are also parties. In the said proceedings, Arbitrator passed order attaching the property of the petitioner and also directed the Sub Registrar to record the attachment. It is aggrieved by this order of the Arbitrator, the writ petition is filed seeking a direction against the Sub Registrar for removal of the endorsements. 2. In my view, if the petitioner is aggrieved by interim order passed by the Arbitrator, remedy of the petitioner is under the Arbitration and Conciliation Act, 1996. Therefore, leaving it open to the petitioner to pursue that remedy, the writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp