Union Of India Represented By vs Union Of India Represented By
2021 Latest Caselaw 6286 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

                                  &

               THE HONOURABLE MR. JUSTICE K.HARIPAL

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                          Arb.A.No.2 OF 2005

 AGAINST THE ORDER IN OPARB 101/2000 DATED 16-12-2003 OF DISTRICT
                COURT & SESSIONS COURT,TRIVANDRUM


APPELLANTS/RESPONDENTS:

      1      UNION OF INDIA REPRESENTED BY
             THE CHIEF ENGINEER (AIR FORCE), NO.2, D.C.AREA,
             YESWANTPUR POST, BANGALORE-460 022.

      2      M.K.CHITKARA, CHIEF ENGINEER AND
             SOLE ARBITRATOR, PANEL OF ARBITRATOR (PUNE),
             C/O. CWE KIRKEE, RANGA HILLS ROAD, KIRKEE P.O., PUNE.

             SHRI P.VIJAYAKUMAR, ASG OF INDIA
             SRI.L.S.SINDHU SREEHARI, CGC


RESPONDENT/PETITIONER:

             M/S.FRONTIER AGENCIES, FLAT NO.87,
             KAIRALI APARTMENTS, PANAMPILLI NAGAR, KOCHI.


     THIS ARBITRATION APPEAL HAVING BEEN FINALLY HEARD ON 22-02-
2021, ALONG WITH ARB.A.7/2005, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

                                   &

                  THE HONOURABLE MR. JUSTICE K.HARIPAL

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                           Arb.A.No.7 OF 2005

 AGAINST THE ORDER IN OPARB 199/2000 DATED 16-12-2003 OF DISTRICT
                COURT & SESSIONS COURT,TRIVANDRUM


APPELLANTS/RESPONDENTS:

      1         UNION OF INDIA REPRESENTED BY
                THE CHIEF ENGINEER (AIR FORCE), NO.2, D.C.AREA,
                YESWANTPUR POST, BANGALORE-460 022.

      2         M.K.CHITKARA, CHIEF ENGINEER AND
                SOLE ARBITRATOR, PANEL OF ARBITRATOR (PUNE),
                C/O. CWE KIRKEE, RANGA HILLS ROAD, KIRKEE P.O., PUNE.



                SHRI P.VIJAYAKUMAR, ASG OF INDIA
                SRI.L.S.SINDHU SREEHARI, CGC

RESPONDENT/S:

                M/S.FRONTIER AGENCIES
                FLAT NO.87, KAIRALI APARTMENTS, PANAMPALY NAGAR,
                KOCHI.


     THIS ARBITRATION APPEAL HAVING BEEN FINALLY HEARD ON 22-02-
2021, ALONG WITH ARB.A.2/2005, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Arb.A.Nos.2 & 7 of 2005               3

                                 JUDGMENT

Ravikumar, J.

These appeals are filed under Section 37 of the Arbitration and

Conciliation Act, 1996. The former appeal is filed against the order

in O.P.(Arb.) No.101 of 2000 and the latter appeal is filed against the

order in O.P. (Arb.) No.199 of 2000, dated 16.12.2003 of the District

Court, Thiruvananthapuram. Both the appeals were admitted on

28.03.2005. But the fact is that service of notice to the respondents is

yet to be completed in both the appeals, despite the grant of several

opportunities to the appellants to ensure service of notice to the

respondents.

2. However, when these matters are taken up for

consideration today, it is submitted by the learned Assistant Solicitor

General of India appearing for the appellants that the appellants do

not wish to pursue the appeals and hence they can be dismissed as

not pressed. Recording the said submission these appeals are

dismissed as not pressed.

Sd/-

C.T.RAVIKUMAR JUDGE Sd/-

K.HARIPAL JUDGE

okb/22.02 //True copy// P.S. to Judge