The Kerala High Court recently laid down that the failure to raise objections before the proclamation of sale as prescribed under Order XXI Rule 90(3) CPC does not preclude the appellant from.
A link has been established by judicial pronouncements between the provisions of Section 36(3) of the said Arbitration Act and Order XLI Rule 5 of CPC.
Parties seeking attachment before judgment in arbitration proceedings is a recurring phenomenon and it is hoped that the Supreme Court will resolve this important issue concerning arbitration law in the near future.
While applying O. XXXIX R. 2A, a purposive approach of interpretation has to be resorted to by the courts so as to not defeat the very ethos of a procedural law.