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2018 Supreme(Online)(Ker) 61535

IN THE HIGH COURT OF KERALA
A. Hariprasad, J
Koncherry Coir Factories (M/s.) and Others v. K. S. Sanjeev


Table of Content
1. interlocutory applications and the challenge to maintainability. (Para 1 , 2 , 3 , 9 , 10)
2. clarification on the applicability of the amended provisions. (Para 4 , 5 , 7 , 11 , 19)
3. interpretation of s.26 of the amendment act. (Para 6 , 8 , 12 , 14)

1. Identical orders passed by the District Judge, Alappuzha on interlocutory applications filed in two original petitions under S.34 of the Arbitration and Conciliation Act, 1996 (hereinafter mentioned as "the Act") are under challenge in these original petitions. Those interlocutory applications were filed by the petitioners herein, who are the respondents in the original petitions under S.34 of the Act, seeking an adjudication on their maintainability. Learned District Judge, in both these matters, found that the petitions under S.34 of the Act are maintainable in the presented form. The applications filed by the petitioners were hence dismissed. Feeling aggrieved, they have come up before this Court.

2. As the facts and legal questions are identical in both these matters, they are heard together and disposed of by this common judgment.

3. Heard the learned counsel for the petitioners and the contesting respondents.

4




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