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IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANU, J
KALYAN SILKS TRICHUR PRIVATE LIMITED – Appellant
Versus
DLF HOME DEVELOPERS LIMITED – Respondent
| Table of Content |
|---|
| 1. jurisdiction under section 29a of the arbitration and conciliation act. (Para 1) |
| 2. clarification on the competent court regarding applications under section 29a. (Para 2 , 3 , 4) |
| 3. arguments on conflicting views of court decisions on arbitrators' jurisdiction. (Para 5 , 6 , 7) |
| 4. final determination of the court on maintainability of the petition. (Para 8 , 9) |
JUDGMENT
Applicant in A.R.No.16/2020 has filed this petition under Section 29A of the Arbitration and Conciliation Act, 2016 to substitute the Arbitrator and to extend the time for completion of the arbitral proceedings arising from A.R.No.16/2020.
2. While this petition was pending, a Division Bench of this Court considered a reference made by a learned Single Judge with the intention to resolve conflicting views regarding the court competent to consider applications under Section 29A and to pass orders thereunder.
3. The Division Bench in Offshore Infrastructures Limited v. Bharat Petroleum Corpn. Ltd. [2025 SCC OnLine Ker 10899] answered the reference holding that in view of the judgment of the Hon'ble Supreme Court in Chief Engineer (NH) PWD (Roads) v. BSC & C and C JV [2024 SCC OnLine SC 1801] , the p
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