LAWS(KER)-2016-3-204

K.SODARAN Vs. STATE OF KERALA

Decided On March 14, 2016
K.Sodaran Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The appellant is the claimant in O.P.(Arb.)No.4 of 1995 on the file of the Principal Sub Court, Thiruvananthapuram, an application filed under Section 17 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act") for making the award passed by the arbitrator dated 5.12.1994 for 30,23,455/ - with 16% interest per annum from 21.10.1988 as rule of the court. The respondents have also filed an application under Section 30 of the Act, to set aside the award passed by the arbitrator. The court below by order dated 18.2.2011 partly set aside the award passed by the arbitrator, by limiting the same to one entitling the appellant to realise 10,00,000/ - from the respondents, together with interest at the rate of 12% per annum from 21.10.1988. Aggrieved by the said order passed by the court below, the appellant is before this Court in this appeal.

(2.) We heard the arguments of the learned counsel for the appellant and also the learned Government Pleader for the respondents.

(3.) The reference before the arbitrator arises out of the contract relating to Kallada Irrigation Dam Project at Parappar.