IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8657 of 2010(O)
1. SREEDHAR K.KOTTARAN,
... Petitioner
Vs
1. K.SIRAJUDHEEN,
... Respondent
For Petitioner :SRI.K.S.HARIHARAPUTHRAN
For Respondent :SRI.N.SUBRAMANIAM
The Hon'ble MR. Justice P.BHAVADASAN
Dated :30/03/2010
O R D E R
P.BHAVADASAN, J.
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W.P (C) No.8657 of 2010
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Dated this the 30th March, 2010
J U D G M E N T
Challenge in this writ petition is to quash Ext.P7
order . Objection is taken to that portion of the order,
which reads as follows:
“Therefore it is accepted as sufficient
security and there will be a lien on the deposit
receipt by this court. The security shall continue
to operate from today for a period of three
months.”
2. The specific objection taken is that the court
below lifted the attachment on furnishing the security for a
period of three months. There is also a direction that
arbitration proceedings shall be commenced within a
reasonable time.
3. Learned counsel appearing for the respondents
pointed out that once an order is passed, the petitioner has
to take steps for arbitration proceedings and if the
petitioner does not take any steps for arbitration
proceedings, he will have no remedy.
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Section 9 of the Arbitration Act reads as follows:
” A party may, before or during arbitral
proceedings or at any \ time after the making of
the arbitral award but before it is enforced in
accordance with Section 36, apply to a Court:-
(i) for the appointment of a guardian for a
minor or a person of unsound mind for the
purposes of arbitral proceedings; or
(ii) for an interim measure of protection in
in respect of any of the following matters,
namely:
(a) the preservation, interim custody or
sale of any goods which are the subject matter of
the arbitration agreement;
(b) securing the amount in dispute in the
arbitration.
(c) the detention, preservation or
inspection of any property or thing which is the
subject matter of the dispute in arbitration, or as
to which any question may arise therein and
authorising for any of the aforesaid purposes any
person to enter upon any land or building in the
possession of any party, or authorising any
samples to be taken or any observation to be
made, or experiment to be tried, which may be
necessary or expedient for the purpose of
obtaining full information or evidence;
(d) interim injunction or the appointment
of a receiver;
(e) such other interim measure of
protection as may appear to the Court to be just
and convenient; and the Court shall have the
same power for making orders as it has for the
purpose of, and in relation to, any proceedings
before it.”
4. Under Sec.9 of the Act, the Courts are to make
interim arrangements. Orders are passed in anticipation of
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arbitration proceedings or arbitration proceedings or after
arbitration proceedings culminate in an award. The order
passed before arbitration is only for a short duration. The
arbitration proceedings will have commenced within a
reasonable period.
The petitioner shall take necessary steps for
commencing the arbitration proceedings within four
months from today failing which respondent can approach
court for getting the order modified.
P.BHAVADASAN, JUDGE
ma
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