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1989 Supreme(Ker) 539

U.L.BHAT, P.KRISHNAMOORTHY
Government of Kerala – Appellant
Versus
V K Kuriakose – Respondent


JUDGMENT

Krishnamoorthy, J-

1. This is an appeal by the Government of Kerala and the Superintending Engineer, P.W.D Buildings and Roads, South Circle, Trivandrum, rejecting an application to set aside an award passed by the Chief Engineer (Arbitration). The respondent herein (the contractor) was entrusted with the work of construction of a bridge at Pulikuttissery crossing in Kallumada-Kallumkathara Road and agreement No. 29/SESC/70-71 was entered into. A supplemental agreement was also executed by the parties which bears No. 29/3/SESC/74-75. For the purpose of this case it is not necessary to give the details of the agreement and other disputes: but it is enough to state that differences and disputes arose between the parties. There was an Arbitration clause in the agreement and the Chief Engineer (Arbitration) was the named Arbitrator. The disputes were referred to the Arbitrator and a non-speaking award was passed by him on 29th May 1982. The award was filed before the Sub Court. The appellants filed objections to the award and prayed for setting aside of the same, and also paid the necessary court fee leviable for an application under section 16 or 30 of the Arbitration Act. The

























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