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2026 Supreme(Online)(Ker) 10391

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S. MANU, J
KALYAN SILKS TRICHUR PRIVATE LIMITED – Appellant
Versus
DLF HOME DEVELOPERS LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ASWIN GOPAKUMAR, SRI.ANWIN GOPAKUMAR, SRI.ADITYA VENUGOPALAN, SRI.MAHESH CHANDRAN, SMT.SARANYA BABU, SMT.ANGITA T. MENON, SRI.ABHISHEK S., SMT.TANYA KADEEJA
For the Respondents: SRI.M.GOPIKRISHNAN NAMBIAR, SRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SRI.PAULOSE C. ABRAHAM, SRI.RAJA KANNAN, SMT.POOJA MENON

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 power under Section 29A vests in the court as defined in Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 which is the Principal Civil Court in a district and includes the High Court, provided the High Court has ordinary original civil jurisdiction.

4. Thus, the resultant position emerging from the order of the Division Bench in the reference is that this Court, not

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