2012 (3) TMI 733

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....B. RADHAKRISHNAN, J. 1. This appeal by the State of Kerala is filed invoking Section 37 of the Arbitration & Conciliation Act, 1996, hereinafter referred to as the 'Act'. The only provision in the Act for an appeal to this Court from the order of the court dealing with an application for setting aside an arbitral award under Section 34 is subsection (1) of Section 37, which enumerates t....

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.... filed by the State before the court below seeking to set aside the award dated 20.12.2003 was dismissed on 23.3.2005. That led to MFA. 16/05 to this Court. That appeal was allowed in part. The parties went to the Apex Court. Civil Appeals 3089/06 and 3090/06 were decided as per judgment dated 17.9.2009 ordering as follows: i. "The judgment of the High Court dated June, 2005 and the judgm....

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....tate their reasons in support of claim No. 1 and 4B in terms of directions (iii) in the judgment of the Apex Court. The Arbitral Tribunal has since stated reasons and forwarded it to the court below. State, being aggrieved by the reasons stated by the Arbitral Tribunal in support of claim Nos. 1 and 4B, applied for leave to amend the application O.P (Arb).71/04. That interlocutory application stan....