IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 Arb.A.No. 30 of 2006() ---------------------- OPARB.137/2003 of D.C & SESSIONS COURT,TRIVANDRUM .................... APPELLANTS/PETITIONERS/APPELLANT ------------------------------------------ 1. UNION OF INDIA. 2. THE EXECUTIVE ENGINEER, THIRUVANANTHAPURAM CENTRAL DIVISION, CENTRAL P.W.D., C.G.O.COMPLEX, POONKULAM, THIRUVANANTHAPURAM-695522. BY ADV. SRI.JOHN VARGHESE, ASSISTANT SG SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR G RESPONDENT(S)/RESPONDENTS/ CLAIMANT ----------------------- M/S.CLASSIC FOUNDATIONS, BUILDING NO.XLI/3491, OLD RAILWAY STATION ROAD, KOCHI-682 018. ADV. SRI.K.L.VARGHESE SMT.SANTHA VARGHESE BY ADV.SRI.T.P.IBRAHIM KHAN THIS ARBITRATION APPEALS HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ Arbitration Appeal No. 30 OF 2006 ------------------------ Dated this the 15th day of June, 2010 JUDGMENT Pius C.Kuriakose, J. The persuasive submissions of the learned counsel for the appellant notwithstanding, we are unable to accept that the judgment of the learned District Judge, which is to the effect that the Arbitrator has not transgressed the limits of the reference given to him, is faulty. The grounds raised in this memorandum of appeal and the submissions based on those grounds are actually in challenge of factual findings entered by the arbitrator on the basis of the evidence which was recorded by him. According to us, the learned District Judge was perfectly right in his view that within the scope of Section 34 (2) the challenge could not have been entertained. Accordingly, this appeal will stand dismissed in limine. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk