IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR. J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Arb.A.No. 27 of 2008(F) -------------------------------- (O.P. ARB) 412/2007 OF DISTRICT COURT, ERNAKULAM) ........ APPELLANTS IN ARB.A - RESPONDENTS IN O.P.(ARB): ------------------------------------------------------------------------------ 1. RETNAKARA PAI, S/O.NARAYANA PAI, NIDASTHALATH, KUZHUPPALLY MURI, KUZHUPALLY VILLAGE, ERNAKULAM DISTRICT, FORMER SECRETARY, SREE BALAKRISHNASWAMY DEVASWOM SATHABDHI AGOSHA COMMITTEE. 2. V.R.SREENIVASAN, NINDASTHALATH, KUZHUPALLY MURI, PRESIDENT, SREE BALAKRISHNASWAMY DEVASWOM SATHABDHI AGOSHA COMMITTEE. BY ADV. SRI.K.JAYAKUMAR. RESPONDENT IN ARB.A - PETITIONER IN O.P.(ARB): --------------------------------------------------------------------------- SREE BALAKRISHNASWAMY DEVASWAM, KUZHUPALLY, REPRESENTED BY ITS PRESIDENT, N.G.JAYARAM SHENOY, S/O.GOPALAKRISHNA SHENOY, NINDASTHALATH, KUZHUPPALLY MURI, KUZHUPALLY VILLAGE, ERNAKULAM. BY ADV. SRI.DINESH R.SHENOY. THIS ARBITRATION APPEALS HAVING BEEN FINALLY HEARD ON 18/12/2008,ALONG WITH ARB.A. NO. 36/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY,Ag.C.J & THOMAS P. JOSEPH, J. -------------------------------------------- Arb.A.Nos.27 and 36 of 2008 --------------------------------------------- Dated 18th December, 2008 JUDGMENT Koshy,Ag.C.J . Both appeals are filed challenging the order of the District Court, Ernakulam in setting aside the award of the Arbitrator in OP (Arb.)No.412 of 2007. Contention of the appellant in Arb.A.No.27 of 2008 is that no grounds are made out for setting aside the award, considering the limited grounds under section 34 of the Arbitration and Conciliation Act. It is also contended that in a petition to set aside the award, court cannot sit in appeal over the judgment, but, it can be set aside only on the limited grounds mentioned under the Act. Contention of the appellant in Arb.A.No.36 of 2008 is that even though award was set aside, the matter was not remanded. Main contention of the appellant for setting aside the award was that some of the claims were not considered. The appellant in Arb.A.No.27/2008 has no objection in remanding the matter to the same Arbitrator. We have considered the matter in detail, but, finally after hearing the parties, we direct the same Arbitrator to decide the matter afresh with the materials already on record. We also make it clear that the Arbitrator is free to allow both Arb.A.Nos.27 & 36 of 2008 2 sides to adduce further evidence on the question. Both appeals are disposed of modifying the impugned order and directing the same Arbitrator to decide the matter as directed above. J.B.KOSHY ACTING CHIEF JUSTICE THOMAS P. JOSEPH JUDGE tks