IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P. KRISHNA KUMAR, JJ
THE UNION TERRITORY OF LAKSHADWEEP DIRECTORATE OF FISHERIES – Appellant
Versus
M/S SAMUDRA SHIPYARD PRIVATE LTD – Respondent
Sathish Ninan, J.
The O.P.(Arbitration) was dismissed for default.
Restoration was refused by the court stating that there is no provision enabling restoration of an arbitration case.
2. We have heard the learned counsel on either side.
3. Rule 11 of the Kerala Arbitration and Conciliation (Court) Rules, 1997 reads thus;
“11. In matters not provided for in these Rules, the provisions of the Code of Civil Procedure , 1908, the Kerala Civil Rules of Practice, 1971 and the circular orders issued by the High Court of Kerala from time to time shall mutatis mutandis apply to all proceedings under the Act including appeals”.
The Rule makes the provisions of the Code of Civil Procedure and the Kerala Civil Rules of Practice applicable in matters not provided for under the Rules. So also, Section 141 of F.A.O.No.18 of 2026 the makes the Code applicable to Courts of civil jurisdiction, insofar as it can be made applicable. The Section reads thus, “The procedure provided in this Code in regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.
Explanation- In this section, the expression “proceedings” includes proceedings unde
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