Order Of Commercial Court U/Sec 9 Of Arbitration & Conciliation Act Appealable: Kerala High Court

An order under Section 9 of the Arbitration and Conciliation Act, passed by a Commercial Court below the level of a District Judge is appealable under Section 13(1) of the The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, the Kerala High Court has held. The Court observed thus while considering a petition challenging an order passed by Commercial Court allowing an application filed under Section 9 of the Arbitration and Conciliation Act. The issue arose since the respondents raised objection regarding maintainability of petition under Article 227 of the Constitution of India in view of the alternative and efficacious remedy available to the petitioners as provided under Section 13(1) of the Commercial Courts Act.