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2024 Supreme(Online)(KER) 48341

HIGH COURT OF KERALA
ALEXANDER LUKE – Appellant
Versus
M/S ADITYA BIRLA MONEY LTD – Respondent


JUDGMENT

Anu Sivaraman, J.

1.Is an appeal from an order passed by the Commercial Court/Additional Subordinate Judges Court in a matter which arises under the Arbitration and Conciliation Act, 1996 appealable before this Court as an arbitration appeal? This is the question that requires a resolution.

2.The appellant had invested in securities using the services of the respondent, who is a trading member of the National Stock Exchange from 2010 to 2016 opening a Demat Account with the respondent. On account of losses suffered by him, the appellant had raised a claim for Rs.2 crore against the respondent, invoking the Investor Grievance Redressal Proceedings (IGRP for short) of the National Stock Exchange. Though the petition preferred under the Investor Grievance Redressal Procedure of the National Stock Exchange was initially closed on 18.10.2016, the appellant had taken up the matter with the SEBI which directed the IGRB to re-examine the complaints of the investor. An arbitration award was passed on a split verdict, dismissing the Arbitration application on 14.3.2022. Thereafter, an appeal was taken before the panel of arbitrators which held that the appellant is entitled to an amou

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