IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 Arb.A.No. 5 of 2008(A) ------------------------------- O.P(A).NO.104/1996 OF PRL.SUB COURT,TRIVANDRUM. .................... APPELLANT/IST RESPONDENT: ---------------------------------------------- M/S.N.K. MOHAN VARMA & COMPANY, XXIV/506-A, BRISTON ROAD, WILLINGTON ISLAND, COCHIN - 3, C/O.VENUGOPAL VARMA, VENGANAD PALACE, KOLLENGODE, PALAKKAD. BY ADV. SRI.R.BINDU (SASTHAMANGALAM). RESPONDENT/ CLAIMANT: -------------------------------------- TRAVANCORE TITANIUM PRODUCTS LIMITED, KOCHUVELI, THIRUVANANTHAPURAM, REPRESENTED BY P.M.GEORGE, HEAD OF COMMERCIAL DEPARTMENT. BY THIS ARBITRATION APPEALS HAVING COME UP FOR ADMISSION ON 23/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- Arb.A.No.5 OF 2008 ------------------------------------- Dated 23rd May, 2008 JUDGMENT Koshy,J . The respondent company raised claims before the Arbitrator with regard to the work of clearance and transportation of Sulphur from Cochin Port Trust to the factory of the respondent at Thiruvananthapuram. There is no dispute regarding the arbitration clause or jurisdiction of the Arbitrator. Arbitrator was appointed by consent. The agreed Arbitrator quantified the amount in the award. Respondent company approached the Principal Sub Court, Thiruvananthapuram for making it as a decree and decree was passed in terms of the award. Against that order this appeal is filed. It is not seen that the appellant has filed a separate petition for setting aside the award. When decree is passed in terms of the award, an appeal is not maintainable. According to the appellant, an objection was filed and that objection was overruled. Even if that objection is taken as a petition to set aside the award, we are of the view that no grounds are made out for interference in the award. No grounds for setting aside the award are made out. There is no misconduct by the Arbitrator. In the absence of any jurisdictional error, misconduct, patent illegality or other grounds Arb.A.5/2008 2 for setting aside the award, this court cannot sit in appeal and exercise appellate jurisdiction. Hence, this appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks