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2022 Supreme(Ker) 44

P.B.SURESH KUMAR, C.S.SUDHA
Lloyed Insulations (India) Ltd. – Appellant
Versus
Foremexx Space Frames – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.S.Vinod Bhat, Sri.Legith T.Kottakkal, Advs.
For the Respondent: Sri.K.L.Varghese (Sr.), Sri.Ranjith Varghese, Sri.Rahul Varghese, Smt.Santha Varghese

JUDGMENT :

C.S.Sudha, J.

Can an Arbitral Tribunal pass more than one award? Does the Arbitration and Conciliation Act, 1996 (the Act) contemplate a Majority Award and a Minority Award? Can the Presiding Arbitrator direct the remaining two Arbitrators to write separate Awards and then adopt one, without giving separate or independent reasons either for accepting one and rejecting the other? No, says Sri.S.Vinod Bhat - the learned counsel for the appellant. According to him, passing multiple awards and the procedure adopted by the Presiding Arbitrator in accepting one Award without giving his reasons for the same, are violations or breach of the provisions of Sections 29 and 31 of the Act. We will examine the tenability of this argument advanced by the learned counsel for the appellant.

2. The appellant herein is the sole respondent and the respondent herein, the claimant in the arbitration proceedings before the Arbitral Tribunal consisting of three Arbitrators, namely, Mr. Justice J.B. Koshy, the Presiding Arbitrator; Mr. Justice K.A. Abdul Gafoor (Arbitrator no.1) and Mr. Justi

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