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Showing contexts for: misquoting of section in State Of Kerala And Anr. vs V.M. Kuriakose And Ors. on 14 August, 2002Matching Fragments
7. The above mentioned judicial pronouncements would positively indicate that if a party is aggrieved by the judgment and decree passed by a Sub-Court making the award rule of the Court the same could be challenged only under Section 17 of the Act. Appeal has to be filed under Section 17 on specific ground mentioned therein. If party is aggrieved by an order dismissing an application for setting aside the award the same has to be challenged under Section 39(1)(vi) of the Act. We have found in this case State preferred MFA 482/98 and 647/96 challenging the judgment and decree passed by the Sub-Court making the award rule of the Court. Appeal was filed under Section 39 of the Act and Court fee also paid. State failed to challenge the order dismissing the delay condonation petition as well as the consequent dismissal of the application for setting aside the award. That order was not challenged by the State though Court fee has been paid. Instead of challenging the said order State has mistakenly challenged the judgment and decree making the award rule of the Court under Section 39. Procedure adopted by the State is illegal. This shows the callous manner by which arbitration cases are being filed and conducted. Since the challenge is against the judgment and decree of the Court below grounds available under Section 17 alone could be raised even if it is stated there is a misquoting of this section. Under such circumstance these appeals are not maintainable.