ABY ABRAHAM MATHEW Vs. HINDUSTAN NEWSPRINT LTD

JUDGEMENT

(1.) R.P. No. 439/2001 is filed by the respondent in M.F.A. No. 808/1997 to review the judgment dated 13.8.2001 passed by this Court in the M.F.A. R.P.No. 440/2001 is filed by the respondent in M.F.A. No. 1300/1997 to review the judgment dated 13.8.2001 passed by this Court in the M.F.A. Since the petitioner and the respondent are the same and the issues involved in both the review petitions are identical and also a common judgment was pronounced in both the M.F.As., these review petitions are heard and disposed of by this common order.

(2.) By the common judgment in M.F.A. Nos. 808 & 1300/1997 this Court allowed the appeals, set aside the decree and judgments passed by the lower court and remanded the cases to the lower court for fresh disposal in accordance with law after giving opportunity to both sides to adduce evidence.

(3.) In O.P. Arb. 7/94 and O.P. Arb. 94/92 filed by the petitioner herein before the lower court seeking to appoint an arbitrator to adjudicate the dispute between the petitioner and the respondent with regard to the agreement entered into between the petitioner and the respondent, the respondent contended that the arbitration O.Ps. are not maintainable since there is no arbitrable issue as the contract between the petitioner and the respondent were discharged by acceptance of the final bill in full settlement of the entire claim by the respondent in the respective cases and the claim relating to escalation made by the petitioner is not sustainable since there is no provision in the agreement regarding escalation. The lower court overruled both the contentions raised by the respondent and by judgment dated 2.11.1996 allowed both the O.Ps. and directed the respondent to refer the dispute raised by the petitioner to the arbitrator named in the agreement for adjudication. Hence the respondent preferred the above appeals.