V.Achuthan vs National Highways Authority Of India - ...
2024 Latest Caselaw 4531 Ker

Kerala High Court

V.Achuthan vs National Highways Authority Of India - ... on 6 February, 2024

Author: T.R. Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE T.R.RAVI
     TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                           ARB.A NO. 2 OF 2024
 (THE ORDER PASSED IN O.P(ARBITRATION) No.19/2021 ON THE FILE OF
            THE DISTRICT JUDGE, KOZHIKODE DATED 10.02.2021)
 AND IN AWARD DATED 10.08.2020 PASSED BY THE COURT OF ARBITRATOR
        FOR LANH & DISTRICT COLLECTOR, KOZHIKODE IN ARBITRATION
   APPLICATION No.05/2020 IN LAC No.6(NDK) OF CALA, KOZHIKODE)
APPELLANTS/PETITIONERS IN O.P.(ARB.)/RESPONDENT 2 & 3:

    1        V.ACHUTHAN,
             AGED 65 YEARS
             S/O.KRISHNAN, NAMBEESANTAVIDA HOUSE, PUTHUPPANAM P.O.,
             VADAKARA TALUK, KOZHIKODE DISTRICT, PIN- 673 105.

    2        E.SAROJINI,
             D/O.RAMAN, NAMBEESANTAVIDA HOUSE, PUTHUPPANAM P.O.,
             VADAKARA TALUK, KOZHIKODE DISTRICT- 673 105.

             BY ADVS.
             B.KRISHNAN
             R.PARTHASARATHY



RESPONDENTS/RESPONDENTS IN O.P(ARB.)/APPLICANT AND 1ST RESPONDENT:

    1        NATIONAL HIGHWAYS AUTHORITY OF INDIA - NHAI
             REPRESENTED BY THE PROJECT DIRECTOR, NHAI, KOZHIKODE -
             673 020.

    2        THE SPECIAL DEPUTY COLLECTOR,
             LANH, CIVIL STATION PO, KOZHIKODE - 673 020.

             SRI.MATHEWS K.PHILIP,SC
             SMT. S.L. SYLAJA. GP.



     THIS    ARBITRATION   APPEALS   HAVING   BEEN   FINALLY   HEARD   ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 ARB.A NO. 2 OF 2024                2




                            T.R. RAVI, J.
            --------------------------------------------
                       ARB.A.No.2 of 2024
                --------------------------------------------
           Dated this the 6th day of February 2024

                           JUDGMENT

This appeal is challenging the order O.P(Arb).No.19 of

2021 on the file of the District Judge, Kozhikode. The

grievance of the appellants is that a copy of the award was

delivered to the appellants only after the orders were issued

by this Court in contempt of court case and it was despatched

only on 10.12.2020. The original petition was filed on

07.01.2021 within the time prescribed under Section 34 (3) of

the Arbitration and Conciliation Act, but the same has been

rejected on the ground of limitation. In similar circumstances

between the same parties, this Court had allowed ARB.A No.

27 of 2023 filed against the order in OP.ARB.No.34 of 2021. I

do not find any reason to take a different view in this case.

In the result the order dated 10.02.2021, is set aside and

the matter is remanded to the District Court, Kozhikode for

fresh consideration of O.P(Arb).No..19 of 2021 on merits with

notice to all concerned. The parties to appear before the

District Court, Kozhikode on 05.03.2024.

Sd/-

T.R.RAVI JUDGE

LEK