STATE OF KERALA Vs. K V ABRAHAM

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 sec. 17 of the Indian Arbitration Act, 1940 for passing judgment and decree in accordance with the arbitration award passed by the sole Arbitrator on 29-9-1988. The Sate of Kerala and the Superintending Engineer had also preferred I.A. 2554/88 for setting aside the award under Sec. 30 of the Act with a petition for condonation of delay. Petition for condonation of delay was dismissed on 13-9-93. Consequently I.A. 2554/88 was also dismissed and the Sub Court passed a judgment and decree for Rs. 2,86,600/- on 29-10-93 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 realization. State has filed this appeal against the judgment and decree of the court below under Sec. 39 of the Act and also seeking to set aside the award dated 26-9-98 paying court fee under Schedule II Article 4 of the Kerala Court Fees Act. No appeal has been preferred against the order dated 13-9-93 dismissing the application for condoning delay as well as the dismissal of the application for setting aside the award.

(3.) MFA. 647/96 arises out of O.P.(Arb.) No. 130/88 on the file of Additional Sub Court, Kollam. The work in question relates to KIP, RBC formation of Paranthal Distributory from CH. O.M. to 5310 M. Part II from CH 975 to 2000 M. including C.D. works. Contract agreement was dated 3-1-1984. Superintending Engineer (Retired) was appointed as the sole Arbitrator. After considering all aspects of the matter Arbitrator awarded Rs. 1,93,800/- with 12% interest per annum from the date of award till the date of decree and also future interest at the same rate. Claimant preferred OP.(Arb.) 130/88 under Sec. 17 of the Act for passing a decree and judgment in terms of the award. Before the Sub Court State preferred a petition praying for setting aside the award with a petition I.A. 1015/91 for condonation of delay. Petition for delay condonations was dismissed on 13-9-93. Consequently the petition for setting aside the award was also dismissed. State has not filed appeal against the said order. This appeal has been preferred by the State under Sec. 39(vi) of the Arbitration Act paying court fee under Schedule II, Art. 4, Sub-clause (ii) (c) as amended as per Sec.52 of the Court Fees Act against the judgment and decree in OP(Arb.) No. 130/88 dated 29-10-93.