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1998 Supreme(Ker) 451

T.KOCHU THOMMEN, SHAMSUDDIN
DAMODARAN – Appellant
Versus
BHASKARAN – Respondent


Judgment :-

1. This Civil Revision Petition came before us on a reference made by Thomas J. To appreciate the legal questions raised in the C. R. P. it is necessary to briefly state the facts.

2.O.P. (Arbitration) No. 7/79 on the file of the Subordinate Judge's Court, Thodupuzha was filed by the 1st respondent herein seeking to pass a decree in accordance with an arbitration award dated 5-5-1979. The case of the 1st respondent was that he and the petitioner herein entered into a partnership agreement for starting a rice mill, that the said business ceased to function from November, 1976 onwards, that thereafter he had applied to the local S. N. D. P. office bearers to arbitrate the dispute between him and the petitioner and accordingly the S. N. D. P. Office-bearers arbitrated the matter and passed an award dated 5-5-1979.

3. While the O.P. was pending, the petitioner filed I.A. No. 1331 of 1981 on 3-11-1981 praying to declare that the award was a nullity as there was no valid agreement to refer the dispute to arbitration. The respondents filed objection to the I. A. raising the contention that the application was barred by limitation since it was not filed within 30 days from the da





















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