2012 (12) TMI 1259 - HC - Indian Laws

Summary

The Kerala High Court, in the case cited as 2012 (12) TMI 1259, addressed an appeal concerning an interim attachment order issued by the Additional District Court under Section 9 of the Arbitration and Conciliation Act, 1996. The appellants contested the final order, arguing it was "illegal and not sustainable" due to its lack of reasoning, as it merely stated, "Attachment made absolute. Arbitration O.P. closed," without addressing the validity of the agreement or the liability under the arbitral agreement.The High Court found the impugned order to be a "non-speaking one" and therefore "unsustainable." The court acknowledged that the arbitration proceedings had been initiated, allowing for interim measures of protection under Section 17 of the Arbitration and Conciliation Act, 1996, which the arbitral tribunal could order, including requiring security.The High Court set aside the impugned order and directed that the appellants should not dispose of the attached property for 20 days. The court emphasized that it had not examined the merits of the contentions and allowed the respondent to seek interim relief from the arbitral tribunal. The appeal was disposed of with instructions to return the records to the lower court.