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2015 DIGILAW 818 (KER)

SHRIRAM TRANSPORT FINANCE COMPANY LTD. v. PRATHEESH ANTONY

2015-07-03

B.KEMAL PASHA

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JUDGMENT : B. KEMAL PASHA, J. 1. Arbitration proceedings are going on in the matter. The matter relates to vehicle bearing Reg. No. KL-17D-282. The registered owner, who is the hirer, has applied before the Arbitrator for an interim order under Section 17 of the Arbitration and Conciliation Act, 1996 for directing the defendant Company, who is the petitioner herein to issue a No Objection Certificate for the renewal of the permit. The Arbitrator has dismissed the application. Against that, an appeal was filed before the District Court, Ernakulam as Arbitration OP No. 54 of 2014 under Section 37(2)(b) of the Arbitration and Conciliation Act. The Court below has allowed the application through Ext. P2 order, which is presently under challenge. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 2. On going through the impugned order and on hearing either side, this Court does not find any irregularity, illegality or jurisdictional error in the matter. It seems that the legitimate right of the party was turned down by the Arbitrator without any rhyme or reason. The respondent has filed an appeal under Section 37(2)(b) of the Act and the Court below is empowered to pass such an order. Defendant cannot say that they will not issue 'No Objection Certificate' for the renewal of the permit of the vehicle while arbitration proceedings are going on. There is absolutely nothing to interfere with the order passed by the Court below. Hence, this petition is only to be dismissed. In the result, this Original Petition is dismissed.