Dismissed

State of Kerala v. K.C.Mathai

Kerala HC9 Jul 2013MFA/317/1998

Case brief

AI extract

What is this about?

This judgment dismissed multiple First Appeals filed by the State of Kerala under the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998. The court allowed the appeals by stating that the Act has been declared unconstitutional, void, and inoperative, rendering the appeals non-tenable.

What did the court decide?

Impugned appeals dismissed as they no longer lie; no costs awarded.

State of Kerala Vs K.C.Mathai — Writ and Judicial Review | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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TUESDAY, THE 9TH DAY OF JULY 2013/18TH ASHADHA, 1935

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MFA.No. 317 of 1998 ( )

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AGAINST THE JUDGMENT IN OP(ARB) NO. 225/1989 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM

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APPELLANTS IN M.F.A. / RESPONDENTS IN O.P (ARB) :

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT (IRRIGATION), IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE SUPERINTENDING ENGINEER, K.I.P. CIRCLE, QUILON.

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BY SR. GOVT. PLEADER SRI. C.S. MANILAL

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RESPONDENT IN M.F.A. / CLAIMANT IN O.P. (ARB) :

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K.C. MATHAI, GOVERNMENT CONTRACTOR, KOOTTALIL HOUSE, KUNNACKAL P.O., MUVATTUPUZHA.

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BY ADVS. SRI.M.A.GEORGE SRI.EAPEN ABRAHAM GEORGE SRI.RAJIV ABRAHAM GEORGE

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THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20/12/2012, ALONG WITH MFA. 318/1998 & CONNECTED CASES, THE COURT ON 09-07-2013 DELIVERED THE FOLLOWING:

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Thottathil B.Radhakrishnan

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& C.T.Ravikumar, JJ.

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

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M.F.A.Nos.317, 318, 321, 323, 324, 325, 326, 335, 340, 341, 342, 343, 344, 345, 347, 348, 349, 350, 351, 354, 355, 356, 361, 372, 373, 374, 375, 376, 377, 379, 387, 394, 400, 411, 412, 417, 434, 435, 444, 445, 455, 472, 473, 486, 546, 603, 606, 617, 638, 655, 667, 669, 677, 687, 740, 925, 932, 1034 and 1398 of 1998

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= = = = = = = = = = = = = = = = = = = = = = = = Dated this the 9^th day of July, 2013.

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Judgment

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Thottathil B.Radhakrishnan, J.

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These appeals are filed by the State of Kerala invoking the provisions of the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998, which has been declared as unconstitutional and hence, void and inoperative, vide judgment delivered today in O.P.No.4206 of 1998 and connected cases. Hence, these appeals do not lie.

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In the result, these appeals are dismissed. No costs.

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Thottathil B.Radhakrishnan,Judge

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C.T.Ravikumar,Judge

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Sha/

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Thottathil B.Radhakrishnan

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& C.T.Ravikumar, JJ.

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= = = = = = = = = = = = = = = = = M.F.A.Nos.317, 318, 321, 323, 324, 325, 326, 335, 340, 341, 342, 343, 344, 345, 347, 348, 349, 350, 351, 354, 355, 356, 361, 372, 373, 374, 375, 376, 377, 379, 387, 394, 400, 411, 412, 417, 434, 435, 444, 445, 455, 472, 473, 486, 546, 603, 606, 617, 638, 655, 667, 669, 677, 687, 740, 925, 932, 1034 and 1398 of 1998

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

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Judgment

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9^th July, 2013

State of Kerala v. K.C.Mathai

Case brief

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State of Kerala v. K.C.Mathai

Case brief

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