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Judgment
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A.Badharudeen, J.
Order in I.A.No.2 of 2021 in O.P.(Arbitration)No.371 of 2021 on the file of the District Court, Manjeri whereby, the District Judge appointed
Advocate Commissioner to take possession of the vehicle hypothecated to the petitioner, while executing an interim award passed by the Arbitrator, is
under challenge in this petition filed under Article 227 of the Constitution of India.
It is submitted by the learned counsel for the petitioner that by executing the commission order, vehicle was taken possession by the commissioner
that would go to show that the interim award passed under Section 17(2) of the Arbitration and Conciliation Act, 1996 was executed.
It is submitted by the learned counsel for the petitioner that no challenge raised as regards to the interim award since the Arbitrator is at Chennai.
Since the interim award of attachment is not under challenge, this Court cannot interfere with the matter and remedy of the petitioner is to challenge
the interim award before the appropriate forum as per law.
It is submitted by the learned counsel for the petitioner that the petitioner is ready to pay the due and get back the vehicle. This matter can be
negotiated in between the petitioner and the respondents. As such, nothing available in this petition to be adjudicated by exercising power of
superintendence.
Accordingly, this original petition is dismissed.