Remanded

State of Kerala and Another v. M.v.Parameswaran

Kerala HC9 Apr 2013Arb.A/3/2009

Case brief

AI extract

What is this about?

The High Court of Kerala, in an arbitration appeal, set aside a Sub Court judgment made under the Arbitration Act, 1940. The court held the judgment was a nullity as the claimant died before it was passed. The matter was remanded for fresh consideration after impleading the deceased's legal heirs.

What did the court decide?

The judgment of the Principal Sub Judge is set aside; matter remanded for fresh consideration with legal heirs impleaded.

State of Kerala and Another Vs M.v.Parameswaran — Arbitration | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN &

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THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH

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TUESDAY, THE 9TH DAY OF APRIL 2013/19TH CHAITHRA 1935

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Arb.A.No. 3 of 2009 ( )

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AGAINST THE ORDER/JUDGMENT IN OPARB.149/1995 of PRL.SUB COURT,TRIVANDRUM DATED 20-12-2003 APPELLANT(S)/APPELLANTS:

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1. STATE OF KERALA, REPRESENTED BY SECRETARY, IRRIGATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE EXECUTIVE ENGINEER, KIP (MCS) DIVISION NO.11, ADOOR.

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BY ADV. GOVERNMENT PLEADER SRI.C.R.SHYAMLAL

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RESPONDENT/CLAIMANT(S):

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1. M.V.PARAMESWARAN, (DIED) CONTRACTOR, MOLEL HOUSE, MUDAKKUZHA P.O.

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ADDITIONAL RESPONDENTS:

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2. P.K.NANDINI, W/O.LATE M.V.PARAMESWARAN, MOLEL HOUSE, MUDAKKUZHA P.O.

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3. M.P.AJAYAN, S/O.LATE M.V.PARAMESWARAN, MOLEL HOUSE, MUDAKKUZHA P.O.

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4. M.P.VIJAYAN, W/O.LATE M.V.PARAMESWARAN, MOLEL HOUSE, MUDAKKUZHA P.O.

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5. M.P.JAYAN, W/O.LATE M.V.PARAMESWARAN, MOLEL HOUSE, MUDAKKUZHA P.O.

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(R2 TO R5 IMPLEADED AS PER ORDER IN I.A.NO.3410/2009 DTD.30.3.2010)

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R2 TO 5 BY ADV. SRI.WILSON URMESE

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THIS ARBITRATION APPEAL HAVING BEEN FINALLY HEARD ON 09-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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S.SIRI JAGAN & BABU MATHEW P.JOSEPH, JJ.

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==================

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Arbitration Appeal No.3 of 2009

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==================

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Dated this the 9^th day of April, 2013

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J U D G M E N T

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Siri Jagan, J.

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This appeal is filed by the State against the judgment of the Principal Sub Judge, Thiruvananthapuram, in O.P(Arb). No.149/1995, which is a suo motu proceedings under Section 17 of the Arbitration Act, 1940, on the basis of the award filed in court for making it into a decree. It is now submitted by the learned Government Pleader that the judgment was passed on 20.12.2003, but the claimant had died as early as on 23.7.1996. Therefore, the judgment itself is a nullity is the present contention raised.

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Although the appellants did not know about the death of the claimant at the time of filing the appeal, subsequently, when notice issued to the 1^st respondent was returned stating that the 1^st respondent is no more, the legal heirs of the claimants have been brought on record and they have not chosen to dispute the averment of the learned Government Pleader. In the above circumstances, the judgment of the Principal Sub Judge,

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Arb.Appeal 3/09 - : 2 :-

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Thiruvananthapuram in O.P(Arb.) No.149/1995 is set aside and the matter is remanded to the Sub Court, Thiruvananthapuram, for fresh consideration in accordance with law. The additional respondents 2 to 5 in this appeal would stand impleaded as legal heirs of the deceased claimant and the Sub Court shall issue notice to them as also the respondent in the arbitration appeal, before proceeding with the case.

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The appeal is disposed of as above.

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Sd/S.SIRI JAGAN, JUDGE

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Sd/sdk+ BABU MATHEW P.JOSEPH, JUDGE

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///True copy///

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P.A. to Judge

State of Kerala and Another v. M.v.Parameswaran

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State of Kerala and Another v. M.v.Parameswaran

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