Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2006

Supreme Court of India · 2006-11-30

K.N.SATHYAPALAN (DEAD) BY LRS. vs STATE OF KERALA

Citation / case number
SC 1998/18892
Court
Supreme Court of India
Petitioner
K.N.SATHYAPALAN (DEAD) BY LRS.
Respondent
STATE OF KERALA
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR DR.AR. LAKSHMANAN

Judgment text excerpt

The Supreme Court upheld the High Court's decision regarding the validity of an arbitration award under the Arbitration Act, specifically addressing the jurisdiction of the Arbitrator post-suspension. The Court clarified that the authority of the Arbitrator could only be revoked under Section 5 of the Arbitration Act with court approval, and since both parties had agreed to extend the time for the award despite the Arbitrator's suspension, the award was deemed valid. The Court affirmed the award of Rs. 7,30,000/- for claim (a) related to financial losses due to interruptions caused by anti-social elements, establishing that the State's failure to act constituted a breach of duty.

K.N.SATHYAPALAN (DEAD) BY LRS. vs STATE OF KERALA · Niyam