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2024 Supreme(Online)(KER) 23420

HIGH COURT OF KERALA
ANIL K. NARENDRAN, HARISANKAR V. MENON, JJ
SOUTHERN RAILWAY – Appellant
Versus
M.P. SARASAN – Respondent


Advocates:
K.S.BABU, N.SUDHA(S-652), BABU SHANKAR(K/821/2010), ALVIN JEWEL S.S.(K/000876/2019), VIDHYA T.U.(K/000827/2023), SREELAKSHMI B.T.(K/000991/2023), MENINO FUTO(K/001231/2023), T.C.KRISHNA, DSGI IN-CHARGE

JUDGEMENT

. These appeals filed by Southern Railway and others arise out of the order dated 30.08.2022 of the Commercial Court (Principal Sub Judge), Ernakulam in AOP Nos.27 and 24 of 2021. These appeals are filed invoking the provisions under Section 37 of the Arbitration and Conciliation Act, 1996 , along with C.M.Application Nos.1 and 2 of 2024 for condonation of re- presentation delay and filing delay, in the respective appeals, which were already allowed.

2. On 20.09.2023, when Arb.Appeal No.15 of 2023 came up for admission, this Court admitted the matter on file and the learned counsel took notice for the respondent. By the order dated 20.09.2023, records in the arbitration were called for. While adjourning the matter to 20.10.2023, this Court granted an interim stay of further proceedings till then. The said interim order, which was extended from time to time, is still in force.

3. On 31.05.2024, when these appeals came up for consideration, the learned counsel for the respondent pointed out the law laid down by a Division Bench of this Court in Alexander Luke v. Aditya Birla Money Ltd. [ ILR 2024 (1) Ker. 829 ], which has already been considered by a Division Bench of this

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