STATE OF KERALA Vs. V.M. KURIAKOSE

JUDGEMENT

(1.) In all these cases counsel appearing for the claimants raised a preliminary objection with regard to the maintainability of these appeals and hence all these cases are disposed of by a common judgment.

(2.) MFA 482/98 arises out of O.P. (Arb.) 132/88 of Sub -Court, Kollam. Arbitration O.P. 132/88 was filed by the claimant under Section 17 of the Indian Arbitration Act, 1940 for passing judgment and decree in accordance with the arbitration award passed by the sole arbitrator on 29.09.1998 the State of Kerala and the Superintending Engineer had also preferred I.A. 2554/88 for setting aside the award under Section 30 of the Act with a petition for condonation of delay. Petition for condonation of delay was dismissed on 13.09.1993. Consequently I.A. 2554/88 was also dismissed and the Sub -Court passed a judgment and decree for Rs. 2,85,600 on 29.10.1993 in full and final settlement of all claims and also declared that the claimant is entitled to get the security deposit released. It also ordered that the claimant would be entitled to get interest at 12% per annum from the date of award till the date of decree and also at the same rate till realisation. State has filed this appeal against the judgment and decree of the Court below under Section 39 of the Act and also seeking to set aside the award dated 26.09.1998 paying Court fee under Schedule II, Article 4 of the Kerala Court Fees Act. No appeal has been preferred against the order dated 13.09.1993 dismissing the application for condoning delay as well as the dismissal of the application for setting aside the award.

(3.) MFA 1385/93 arises out of O.P. (Arb.) 237 of 1988 filed by the State under Section 39(1) of the Act to set aside the award and the judgment and decree and paid only Rs. 100 as Court fee purporting to be under Schedule II, Article 4 of the Kerala Court Fees Act, 1960. Further award under challenge is a non -speaking award.