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2022 Supreme(Ker) 894

K. VINOD CHANDRAN, C. JAYACHANDRAN
Kerala State Road Transport Corporation – Appellant
Versus
Asiatic Rubro Complex – Respondent


Advocates Appeared:
For the Appellant : Sri. P.C. Chacko, SC.
For the Respondent: GP Sri. T.K. Vipin Das.

JUDGMENT :

Jayachandran, J.

1. Both these appeals stem from a common order of the District Court, Thiruvananthapuram dated 05.08.2014, of which, the appeal first above referred challenges the order in O.P.(Arbitration) No.378 of 2010 and the second, in O.P(Arbitration) No.380 of 2010. Both these appeals were earlier disposed of by a Division Bench of this Court along with connected appeals, as per judgment dated 11.08.2017. However, the first respondent in the appeal preferred review petitions as R.P.No.928/2017 in Arb. Appeal No.75/2014 and R.P.No.933/2017 in Arb. Appeal No.74/2014, on the premise that the connected appeals were disposed of on the question of limitation, as also, the maintainability of a counter claim, which contentions does not arise in the two appeals above referred, wherefore, those appeals are to be disposed of on merits. The contention of the review petitioner was accepted and the review was allowed as per order dated 31.10.2019, recalling the common judgment with respect to the two arbitration appeals above referred. Accordingly, the matter was heard by us and reserved for judgment.

2. A meticulous scan of the pleadings and facts involved in these appeals is no

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