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1993 Supreme(Ker) 453

K.NARAYANA KURUP, K.JOHN MATHEW
State of Kerala – Appellant
Versus
Madhusoodanan Pillai – Respondent


Judgment :-

John Mathew, J.

Respondents 1 and 2 in O.P. (Arbitration) No. 110/88 before the Sub Court, Kollam are the appellants. Certain disputes between the appellants and the respondent were referred for arbitration by the Chief Engineer (Arbitration). The arbitrator after consideration of the case, passed an award on 1-6-1988. The award was filed before the lower court. The respondent herein filed an application under S.17 of the Arbitration Act praying to accept the award and to grant a decree in terms of the award. That application was filed on 6-9-1988. As seen from the B diary it was registered on 7-9-1988 and numbered as O.P. 110/88. Notice was ordered on 9-9-1988. Notice was made returnable on 18-11-1988. The 1st respondent (1st appellant herein) received notice on 21-10-1988 and the 2nd respondent (2nd appellant herein) received notice on 4-11-1988. Respondents entered appearance on 18-11-1988. They prayed for time to file objections and the petition was posted to 13-1-1989. On 6-12-1988 the appellants filed LA.2559/88 under V S.30 of the Arbitration Act praying to set aside the award.

2. On 13-1-1989 the appellants filed objections. Thereafter the petition was adjourned a















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