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2026 Supreme(Online)(Ker) 14106

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
POORAM FINSERV (PVT) LIMITED – Appellant
Versus
ABDUL KAREEM – Respondent


Advocates:
For the Appellants/Petitioners: SMT.ANUPAMA SUBRAMANIAN
For the Respondents: SRI.SAIJO HASSAN

JUDGMENT

In these two arbitration requests earlier arbitral proceedings culminated in separate awards. The petitioner sought execution of the awards. The execution court however dismissed the execution petitions holding that the awards were not enforceable as the appointment of the Arbitrator was unilateral. Thereafter, to initiate fresh arbitral proceedings, these arbitration requests were filed. Respondents entered appearance. Heard the learned Counsel for the petitioner as also the learned Counsel for the respondents.

2. In M/s. Agro Indus Credits Limited v.

Mangalan reported in [2026 (1) KLT 1] , this Court held that once an arbitral award is set aside, in order to initiate fresh arbitration proceedings it is imperative to issue a fresh notice as contemplated under Section 21 of the Arbitration and Conciliation Act , 1996. In Manappuram Asset Finance Ltd v. Abdul Saleem A.B reported in [2026 SCC OnLine Ker 1957], it was further clarified that in cases were the execution courts hold that the arbitral award was unenforceable, the dictum laid down in M/s. Agro Indus Credits Limited (supra) would apply. In view of the law laid down in the above mentioned orders, these arbitration re

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