KAIKKARA CONSTRUCTION COMPANY Vs. STATE OF KERALA

JUDGEMENT

(1.) R.P. NO. 816 OF 2010 in Arbitration Request No.39 of 2009 Dated this the 2nd day of February, 2011 The applicant in A.R.No.39 of 2009 has filed this Review Petition seeking to review the order dated 19.7.2010.

(2.) THE main contention raised by the review petitioner is that the judgment in M.K.Abraham and Company v. State of Kerala and another ((2009) 7 SCC 636) was not properly considered while passing the order sought to be reviewed. It is also contended by the review petitioner that the limited jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 does not permit a designated Judge to record findings of fact, observation on the merits or controversy, etc. while disposing of the Arbitration Request. Elaborate arguments were made by the learned counsel appearing for the review petitioner, mainly touching upon the point as to how the decision of the Supreme Court in M.K.Abraham's case was R.P.NO.816 OF 2010 IN A.R.NO.39 OF 2009 allegedly misread and misinterpreted in the order sought to be reviewed.

(3.) THE contention that in the order sought to be reviewed the merits of the case touching upon the dispute were considered on facts, does not appear to be correct. Only the question whether the dispute is arbitrable was considered in the order.