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2007 DIGILAW 1500 (SC)

M. J. Varghese v. Hindustan Newsprint Ltd.

2007-10-09

P.SATHASIVAM, TARUN CHATTERJEE

body2007
JUDGMENT : 1. Leave granted. 2. These appeals stand concluded by the findings of fact arrived at by the High Court of Kerala at Ernakulam in Arbitration Appeal Nos.2 and 4 of 2004. Section 37(4) of the Arbitration Act, 1940 deals with limitations and empowers the court to extend the period of limitation to make an application for appointment of an Arbitrator provided undue hardship would otherwise be caused and justice requires to extend the time to make an application. The trial court on consideration of fact came to the conclusion that undue hardship was caused and justice required that the time for filing the application for appointment of an Arbitrator must be extended. In appeal, the High Court has reversed the said findings on due consideration of the entire material on record which the High court was entitled to do in appeal as the said appeal was to be decided on fact. In view of the fact that the appeals stand concluded by the finding of fact, we are not inclined to entertain these appeals. Accordingly, the appeals are dismissed. No order as to costs.