Anil K. Narendran, J.

The State of Kerala and another, who are the respondents in OP(Arbitration)No.50 of 1994, which is a petition filed by the respondent herein before the Commercial Court (Principal Sub Court), Thiruvananthapuram, have filed this appeal invoking the provisions under Section 37 of the Arbitration and Conciliation Act, 1996 , challenging the order dated 11.08.2023 of that court in that OP (Arbitration). This appeal is filed along with C.M. Application No.1 of 2024 seeking an order to condone the delay of 42 days, in which notice was ordered to the respondent on 19.03.2024. That application was allowed by the order dated 23.05.2024, after hearing the learned Senior Government Pleader and also the learned counsel for the respondent. By a separate order of this date, paragraphs 5 and 6 of the order dated 23.05.2024 stand deleted.

2. The learned Senior Government Pleader would point 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 Court, in which one among us [Anil K. Narendran, J.] was a party, in the order dated 27.0