V.CHITAMBARESH, R.NARAYANA PISHARADI
Vipin K. S. – Appellant
Versus
General Manager – Respondent
R. NARAYANA PISHARADI, J.
1. The scope and ambit of the provision contained in Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 (hereinafter referred to as 'the Amendment Act'), Act 3 of 2016, arise for consideration in this appeal.
2. The Southern Railway (hereinafter referred to as 'the Railway') granted to the appellant (hereinafter referred to as 'the claimant'), the successful bidder, the contract of the right to make commercial publicity at Kollam, Ernakulam and Thrissur railway stations for a period of five years. Later, disputes arose between the claimant and the Railway regarding allotment of space to the claimant for display of advertisements. The claimant alleged that the Railway violated the terms and conditions of the agreements executed between them and that it led to the collapse of his business. Meanwhile, the Railway terminated the contract with the claimant. Ultimately, as per the order dated 21.07.2014 of this Court in A.R.No.28 of 2013, the dispute between the parties were referred to arbitration and Justice P.S. Gopinathan (Rtd.) was appointed as the sole arbitrator.
3. An award was passed by the arbitrator on 24.09.2016 in favour of
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