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2024 Supreme(Online)(KER) 15611

HIGH COURT OF KERALA
P.SOMARAJAN, J
UNION OF INDIA – Appellant
Versus
CLARAMMA THOMAS – Respondent


ORDER

This civil revision is against the order passed in execution of an award by the Sub Court in E.P.No.489/2009. Union of India is the respondent in an arbitration proceeding initiated. It initially culminated in an award at the first instance. It was taken up before this Court in MFA.No.452/1997. This court in turn set aside the award passed by the arbitrator. Later on it was taken up before the Apex Court in Civil Appeal Nos. 311/2003 and 312/2003. The Apex Court in turn set aside the verdict given by this Court by restoring the award of the arbitrator, for recovery of an amount of Rs.50,22,612/- with 18% interest.

2. The award, hence, put in execution before the Sub Court, Ernakulam. The Sub Court in turn passed the impugned order allowing EA.No.1167/2016 directing the judgment debtor to issue a cheque for Rs.2,37,94,739/- with the interest accrued thereon with cost of E.P by its order dated 30/3/2017. It is against that order in the E.P., the judgment debtor, the Union of India, came up in revision mainly on three grounds. Firstly on the ground that, the decree was sought to be executed by a total stranger and not by the decree-holder company. Secondly, on the ground that the

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