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1991 Supreme(Ker) 368

M.S.JAGANNADHA RAO, T.L.VISWANATHA IYER, K.JOHN MATHEW
STATE – Appellant
Versus
V. P. JOLLY – Respondent


Advocates appeared:
M. C. John, for the Appellant.
M. P. Abraham, for the Respondent.
M. A. George, for Intervener.

JUDGMENT

Jagannadha Rao, C.J. - This reference to Full Bench made on 27.2.1989 appears to us to be largely covered by the recept judgment of the Supreme Court in Associated Engineering Co. v. Government of Andhra Pradesh ((1991) 4 SCC 93) dealing with non-speaking awards of arbitration. The referring order of the Division Bench to the Full Bench reads thus in its concluding paragraph :

"The view of the decisions in State of Kerala v. Poulose (1988 (1) KLT 541) and State of Kerala v. Poulose (1987 (1) KLT 781) which state that even non-speaking awards are liable to be set aside if the award is contrary so the basic features of the contract or traverses beyond its terms, which are contrary to the views expressed by the various Supreme Court decisions including the latest pronouncement in Jawaharlal Wadhawa v. Haripada Chakraborty (1989 (1) SCC 76), we are of the opinion that the matter requires consideration by a Full Bench of this court".

2. The facts of the case are as follows. The respondent, V. P. Jolly, was a contractor for contain road works and he entered into an agreement with the Government on 19.12.1977 and the works were to be completed in 15 months. He contended that ther






















































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