High CourtsSingle Bench(2022) 04 KL CK 0146

MCEES Trading vs Jacob George

High Court Of Kerala · Decided on 29 April 2022

HON’BLE JUDGES
V.G.Arun, J
CASE NUMBER
Original Petition (C) No. 982 Of 2021

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Judgment

3 paragraphs · 161 words

V.G.Arun, J

Petitioners are respondents 1 to 4 in I.A.No.2 of 2021 in CMA(Arb) 54 of 2021 on the files of the Commercial Court, Kottayam. The inter se dispute among the partners of the first petitioner firm had resulted in the first respondent filing the interlocutory seeking an interim order freezing the accounts of the first petitioner firm. By Ext.P4 order dated 09.04.2021, the Commercial Court allowed the prayer for interim injunction. This original petition was filed when the civil courts were in summer recess and hence the the petitioners are precluded from filing statutory appeal against Ext.P4 as provided under Section 37 of the Arbitration and Conciliation Act.

The situation which compelled the petitioners to approach this Court being no longer in existence, the original petition is closed without prejudice to the petitioners' right to avail the statutory remedy under Section 37 of the Arbitration Act and the respondents' right to raise all contentions if any such appeal is filed.