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 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 Arb.A.No. 35 of 2008() ---------------------- AGAINST THE ORDER DATED 02/04/2008 IN IA. 708 /2008 IN OPARB.143/2008 of HON'BLE DISTRICT COURT,ERNAKULAM .................... APPELLANT/PETITIONER: ---------------------------------------- M/S.SHRIRAM TRANSPORT FINANCE COMPANY, CHITTOOR ROAD, NEAR KRISHNA NURSING HOME, ERNAKULAM, REPRESENTED BY ITS P.A.HOLDER SIBY JOHN. BY ADV. SRI.C.HARIKUMAR SRI.VIZZY GEORGE KOKKAT SRI.ARAVINDA KUMAR BABU T.K. RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. BIJU SEBASTIAN, THEKKEKATTU HOUSE, IRATTAYAR, SANTHIGRAM P.O., IDUKKI. 2. THOMAS, S/O.POULOSE, PALAMATTATHIL HOUSE, IRATTAYAR, SANTHIGRAM P.O. IDUKKI. 3. SREEJITH, S/O.KURIAKOSE, PALAKKAMALAYIL, NAYARAPARA, CHERUTHONY, IDUKKI. THIS ARBITRATION APPEALS HAVING COME UP FOR ADMISSION ON 28/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- ARB.APPEAL.NO.35 OF 2008 (G) ----------------------------------- Dated this the 28th day of October, 2008 J U D G M E N T KOSHY,J. This appeal is filed against the order passed by the District Court under Section 9 of the Arbitration and Conciliation Act, 1996. Appellant/Petitioner advanced loan for purchase of a stage carriage bus. Since few of the instalments were defaulted, action was taken for repossessing the vehicle on an allegation that the vehicle is going to be dismantled. Appellant/Petitioner approached the District Court by filing I.A.No.708/2008 in O.P.(Arb.).No.143/2008 for an interim conditional attachment. The District Court ordered conditional attachment on furnishing a security to the tune of Rs.10,50,000/-. After hearing both sides, it was found that the above stage carriage bus was running with a pucca permit and therefore allegation that it is going to be dismantled is not correct. Hence, attachment was released on deposit of ARB.A.35/08 2 Rs.50,000/-. A criminal case was also registered. Vehicle itself was released under Section 451 of Code of Criminal Procedure for interim custody on kaicheet. In the above circumstances, we are of the view that no interference is required at this point of time. However, appellant can move for an early disposal of the Arbitration proceedings. Hence, this appeal is dismissed without prejudice to other remedies available. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 14th October, 2008