IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Arb.A.No. 2 of 2008() --------------------- OPARB.148/1995 of PRL.SUB COURT,TRIVANDRUM .................... APPELLANTS/RESPONDENTS IN OP: -------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEERS, KIP (MCS), DIVISION NO.II, ADOOR. BY GOVERNMENT PLEADER SRI.K.C.SANTHOSHKUMAR RESPONDENTS: PETITIONER IN OP: ------------------------ M.V. PARAMESWARAN, CONTRACTOR, MELEL HOUSE, MUDAKKUZHA P.O. BY GOVERNMENT PLEADER SRI.K.C.SANTHOSHKUMAR THIS ARBITRATION APPEALS HAVING BEEN FINALLY HEARD ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- Arb.(A)No.2 OF 2008 & C.M.Appl.No.129 of 2008 ------------------------------------- Dated 24th January, 2008 JUDGMENT Koshy,J . When claim was raised against the respondent and the matter was referred to Arbitrator, the Arbitrator found that two claims of the respondent have merits and other claims were rejected and an amount of Rs.85,680/= was awarded in full and final settlement of the claims of the respondent. The appellant filed O.P.(Arb)No.148 of 1995 for setting aside the award. That was not accepted and this arbitration appeal was filed by the State. There is a delay of 1148 days in filing the appeal. The reason stated is only change of Governmet Pleader and pressure of work. That is not a ground for condoning the delay of more than three years in filing the appeal. No valid grounds are stated for condoning the dealy. Hence, the delay condonation petition is dismissed and consequently the appeal is also dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE tks