IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 15003 of 2009(U) -------------------------------------- PETITIONER(S): ---------------------- ABDUL KAREEM, S/O. MAMMAD MUSALIAR, MUSALIARAKATH HOUSE, CHATHANGOTTUPURAM P.O., CHERUCODE-WANDOOR, MALAPPURAM DISTRICT. BY ADV. MR.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): ------------------------- 1. PRADEEP (AREA MANAGER), L & T FINANCE LTD., SKY BRIGHT BUILDINGS, M.G.ROAD, RAVIPURAM JN., ERNAKULAM, KOCHI-682 016. 2. MANAGER & AUTHORIZED SIGNATORY, L & T FINANCE LTD., SKY BRIGHT BUILDINGS, M.G.ROAD, RAVIPURAM JN., ERNAKULAM, KOCHI-682 016. 3. L & T FINANCE LTD.NO.47, MONTEITH ROAD, EGMORE, CHENNAI-600 008, REP.BY ITS AUTHORISED SIGNATORY, MR. RAJA THESINGU. 4. L & T FINANCE LTD., REGISTERED OFF. AT L & T HOUSE, BALLARD ESTATE, MUMBAI-400 001, AND CORPORATE OFFICE AT 3B LAXMI TOWERS, C25, G BLOCK, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI-400 051. 5. THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, KONDOTTY, MALAPPURAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.15003 of 2009-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of June, 2009. JUDGMENT The petitioner seeks relief in relation to an arbitration proceedings initiated under the Arbitration and Conciliation Act, 1996. The arbitration is invoked by a financier. The principal complaint of the petitioner is that jurisdictions of different arbitrators in Bombay and Chennai are invoked and that the petitioner's vehicle has also been taken possession of. This Court cannot sit in judgment on the question of territorial jurisdiction of the arbitrators on agreements between private parties. This cannot be had by recourse to Article 226. Faced with the aforesaid situation, the learned counsel for the petitioner seeks leave to withdraw this writ petition without prejudice to WP(C)15003/09 -: 2 :- any remedy that the petitioner may be entitled to pursue in accordance with law. This writ petition is dismissed as withdrawn with leave as sought for. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/030609