IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WA.No. 2319 of 2005(B) ---------------------- AGAINST THE JUDGEMENT IN OP.26719/1999 Dated 25/11/2004 .................... APPELLANT(S): RESPONDENT. ------------------------------------------ 1. THE GENERAL MANAGER, TELECOM (TRA) VIKAS BUILDING, LINK ROAD, CALICUT 4. 2. THE ACCOUNTSA OFFICER (TR-I), TELECOM GMT OFFICE, CALICUT. 3. THE SECRETARY, TELECOMMUNICATION DEPARTMENT, UNION OF INDIA, NEW DELHI. 4. ARBITRATOR AND DIRECTOR (FINANCE AND ACCOUNTS), OFFICE G.M.T. TRIVANDRUM. BY ADV. SRI.K.RAMAKUMAR, SC, BSNL RESPONDENT(S): PETITIONER. -------------------------- ABRAHAM.V.A. IC SOFT COMPUTERS AND COMMUNICATIONS, AMBEDKAR BUILDING, RAILWAY STATION LINK ROAD, CALICUT. ADV. SRI.P.V.KUNHIKRISHNAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.2319 of 2005 ---------------------------------------------- Dated 6th July, 2009. J U D G M E N T Kurian Joseph, J. This is an appeal filed against the judgment dated 25.11.2004 in O.P.No.26719/1999, at the instance of the respondents. The writ petitioner approached this court challenging an Arbitration Award passed under Section 7B of the Indian Telegraph Act, 1885. The learned Single Judge, while considering the matter found that the Arbitrator had not taken note of certain crucial contentions taken by the writ petitioner which are pivotal and in that view of the matter, the award was perverse. Accordingly, while interfering with the award, fresh direction was issued settling the dispute after correcting the mistake. We find that the amounts are very small. 2. We do not think that at this distance of time, the issue need be reopened. Therefore, leaving open the contentions WA NO.2319/2005 2 taken in the appeal and making it clear that the judgment shall not be a precedent, this writ appeal is dismissed. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- W.A. No.2319 of 2005 ---------------------------------------------- J U D G M E N T Dated 6th July, 2009.