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Arbitral Tribunals cannot by itself enforce its orders: Kerala HC

Kerala High Court has declared that an Arbitral Tribunal cannot pass an order to enforce its order by directing the Advocate Commissioner/Receiver to repossess the vehicle from the opposite party. Justice A. Muhamed Mustaque observed that enforcement can be only through a civil court. Some vehicle owners who had availed loan from financiers had approached the High Court complaining that the interim order of repossession passed by the Arbitral Tribunal is enforced/being attempted to be enforced without putting the orders for enforcement, following the procedures under the Code of Civil Procedure. The Tribunal had ordered appointment of an Advocate Commissioner/Receiver to repossess the vehicle either directly or with the assistance of police.

Article referred: http://www.livelaw.in/arbitral-tribunals-cannot-enforce-orders-kerala-hc/#rssowlmlink

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