IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 Arb.A.No. 38 of 2006() ---------------------- AGAINST THE ORDER DATED 18/03/2006 IN IA.37/06 IN OS.1/2006 of DISTRICT COURT, KASARAGOD .................... APPELLANT/PETITIONER/PLAINTIFF: ------------------------------------------------ M.C. ABDUL KHADER, S/O. ABBAS, MUSLIYAR HOUSE, CHENGALA VILAGE, KASARAGOD. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/RESPONDENT/DEFENDANT: ---------------------------------- K. MOIDU, S/O. ABDULLA, KUDLU HOUSE, SIRIBAGILU VILLAGE, EDNAD POST, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.P.B.SAHASRANAMAN FOR R1 SRI.T.S.HARIKUMAR FOR R1 THIS ARBITRATION APPEAL HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- ARB.A.NO.38 OF 2006 () ----------------------------------- Dated this the 11th day of June, 2008 J U D G M E N T KOSHY,J. Appellant/petitioner approached the District Court by filing an application under Section 9 of the Arbitration and Conciliation Act 1996, for an interim injunction restraining the respondent from alienating the property. Main contention taken by the respondent before the District Judge was that there was no arbitration clause and arbitration has not commenced. Now it is submitted that an arbitrator was appointed and arbitration started, and therefore, the above ground is not applicable. At the time of the admission, this Court granted an interim stay, on condition that, no alienation can be effected without permission from this Court. Now the arbitration has started. So, we dispose of the appeal directing the arbitrator to dispose of the matter as expeditiously as possible and parties may approach before the ARB.A.38/06 2 arbitrator. Arbitrator has got power under Section 17 of the Arbitration and Conciliation Act, to pass appropriate order as interim measure untrammeled by the order passed by the trial court. Status quo will continue till appropriate orders are passed by the arbitrator or till passing of the award. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008