Restoration of arbitration cases is maintainable under civil procedure rules, emphasizing merit over default.

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 under Order IX, but does not include any proceeding under Article 226 of the Constitution.”

Therefore, it admits of no doubt that the application for restoration is maintainable.

4. Though the learned counsel for the respondent contended that the application is barred by limitation, the learned counsel for the appellant pointed out that the last day of limitation fell during Christmas vacation and that the application was filed on the reopening date. In the light of Section 4 of the Limitation Act, the appeal filed on the reopening date is within time.

5. The failure on the part of the counsel who was entrusted by the standing counsel for the appellant to F.A.O.No.18 of 2026 represent the case, caused the dismissal of the O.P.(Arb). Restoration is sought within time. We are unable to find any lack of bonafides on the part of the applicant for the non- appearance. It is trite that every endeavour shall be made by the courts to have the lis decided on merits rather than a disposal on default.

6. Accordingly, the appeal is allowed. The order impugned is set aside. O.P.(Arb) No.52 of 2023 will stand restored back to file.

Parties to appear before the Court on 05.03.2026.

Sd/-