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2021 Supreme(Ker) 954

P.B.SURESH KUMAR, C.S.SUDHA
General Manager, Southern Railway, Park Town, Chennai – Appellant
Versus
Vipin V. S. , S/o. Vijayan J. – Respondent


Advocates Appeared:
For the Appellant : Sri. A. Dinesh Rao, Sri. T.K. Vipindas, Government Pleader.
For the Respondent: Sri. K.C. Eldho, B. Ashok Kumar, Sri. Mallenathan M., Sri. Avinash K. Krishnan, Smt. K. Sindhu Elias.

JUDGMENT :

C.S. Sudha, J.

The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter, 'the Act') is directed against the order dated 15th of March 2019 passed by the Additional District Judge-IV, Thiruvananthapuram. By the said order, the District Court had rejected the application filed by the appellants herein under Section 34 of the Act. The appellants allege that Annexure A9 award is in violation of Section 34(2)(a) (iv), 2(b)(ii) and Section 34(2-A) of the Act; that it is in conflict with the fundamental policy of Indian law; that there is patent illegality appearing on the face of the award, and that it is against the basic notions of morality and justice, apart from being perverse.

2. The facts germane for deciding the present appeal are as follows - The parties herein entered into three separate agreements dated 26.10.2011, viz., Exts. C5, C6 and C7, whereby the respondent/claimant was awarded the contract for putting up advertisements in Kollam, Ernakulam and Thrissur railway stations for a period of 5 years. As per the agreement, the respondent was to remit Rs.64,00,000/- to the appellants/Railways by way of four quarterly instalments towa

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