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2012 Supreme(Ker) 214

THOTTATHIL B.RADHAKRISHNAN, C.T.RAVIKUMAR
State Of Kerala, Rep. By The Chief Engineer – Appellant
Versus
Somdatt Builders Limited – Respondent


Advocates Appeared:
For The Petitioners:T.T. Mohammed, Sr. Govt. Pleader, Advocate.
For The Respondents:Aravind Minocha, Sr., Millu Dandapani, Advocates.

Judgment :

Thottathil B.Radhakrishnan,J.

1. This appeal by the State of Kerala is filed invoking Section 37 of the Arbitration & Conciliation Act, 1996, hereinafter referred to as the `Act'.

2. The only provision in the Act for an appeal to this Court from the order of the court dealing with an application for setting aside an arbitral award under Section 34 is subsection (1) of Section 37, which enumerates the orders which are appealable under that provision. The legislature, in its wisdom, has categorically expressed that an appeal shall lie from the orders enumerated in clauses (a) and (b) of sub-section (1) of Section 37 "and from no others". The use of the phrase "and from no others" within brackets in sub-section (1) of section 37 is a legislative device used to keep reminding that no appeal other than that which would fall in clauses (a) and (b) of Section 37 (1) would lie. Learned counsel for the respondent also refers to section 5 which restricts the extent of judicial intervention. This appeal is, admittedly, against an order by which the Court refused to grant leave to amend an application filed under section 34 of the Act.

3. The sequence of events would show that O.P(










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