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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
M/S MADHUCON PROJECTS LTD. – Appellant
Versus
M/S BHARAT PETROLEUM CORPORATION LTD. – Respondent
| Table of Content |
|---|
| 1. the petition seeks to challenge the maintainability of the arbitration process. (Para 1 , 3) |
| 2. details the grounds raised by the petitioner regarding the defects and their implications for maintainability. (Para 4 , 5) |
| 3. the court evaluates the arguments and reaffirms the acceptance of physical filings despite defects. (Para 6 , 8) |
| 4. ultimately, the petition is dismissed with emphasis on curing defects as per regulations. (Para 7 , 12) |
| 5. the court articulates its reasoning against dismissal based on minor procedural errors. (Para 9 , 11) |
JUDGMENT
Dated this the 15 th day of October, 2025
This petition is filed by the petitioner/respondent seeking to set aside the order dated 10.04.2025 passed by the Commercial Court, Ernakulam in I.A. No. 4 of 2025 in O.P. (Arb) No. 69 of 2024, whereby the application filed by the petitioner challenging the maintainability of the Arbitration Petition filed by the respondent under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘A&C Act’) was dismissed.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.
3. The case of the petitioner before the Commercia
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