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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU
Koshy Phillip S/o P.M. Koshy – Appellant
Versus
Thomas P. Mathew S/o Mathan Mathayi – Respondent
| Table of Content |
|---|
| 1. introduction of case details (Para 1) |
| 2. petitioner's arguments for review jurisdiction (Para 3 , 4) |
| 3. respondent's arguments against review jurisdiction (Para 5 , 6) |
| 4. need for detailed examination of maintainability (Para 7) |
| 5. clarification on section 11(6) judicial power (Para 8 , 9) |
| 6. judgments referenced for statutory powers of review (Para 10 , 11 , 12) |
| 7. nature and purpose of arbitration act amendments (Para 14 , 15) |
| 8. conclusion on review maintainability under arbitration act (Para 20 , 21) |
ORDER :
1. A.R.No.179/2025 was dismissed by order dated 18.11.2025. Feeling aggrieved by the aforementioned order, the petitioner presented this review petition. When this review petition was listed for admission, both parties were called upon to address the Court concerning the maintainability of the review petition.
2. Heard Sri.Millu Dandapani, learned counsel for the petitioner and Sri.George Cherian, learned Senior Counsel for the respondents.
3. Sri.Millu Dandapani submitted that the High Court being a court of record has inherent power and duty to ensure that the records are correctly maintained and hence rectifying errors is within the inherent powers of the High Co
The High Court lacks jurisdiction to maintain a review petition under Section 11(6) of the Arbitration and Conciliation Act as no express provision permits such review, emphasizing minimal judicial i....
Review under the Arbitration and Conciliation Act is limited to correcting procedural errors, not substantive review, reaffirming the principle of minimal judicial interference in arbitration.
The judicial nature of proceedings under section 11(6) of the Arbitration and Conciliation Act, 1996, and the requirement for providing an opportunity of hearing before the appointment of an Arbitrat....
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