We have heard Mr. Anil Xavier, learned Senior Advocate instructed by Mr. E.M. Murugan, learned counsel for the appellant and Mr. Liju V. Stephen, learned counsel for the respondents.

2. The partners of the 4threspondent are at loggerheads and this litigation seem to be a second round of litigation after the award passed in the first reference was set aside. In fact the award passed by the Arbitrator in the earlier proceedings was challenged by both the sides that has resulted in an order being passed underSection 34of theArbitration and Conciliation Act, 1996(the Act of 1996) by the Commercial Court at Ernakulam. Thereafter the award holders filed a fresh reference in which an Arbitrator was initially appointed and thereafter he was substituted by an order dated 24thAugust 2022. In the fresh reference, an award was passed in favour of respondents 1 to 3. This award has been challenged in proceedings under Section 34 of the Act of 1996. The learned Commercial Court refused to interfere with the award on the ground that it is no longer open to a court exercising jurisdiction underSection 34of the Act of 1996 to re-appreciate the evidence and arrive at a different finding.

3. The lear