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Kollam Labour Contractco-Operative Society Ltd.No Q vs State Of Kerala

High Court Of Kerala|28 May, 2014
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JUDGMENT / ORDER

Petitioner has approached this Court inter alia seeking for a writ of certiorari to quash Exts.P17 and P19 and for a declaration that the petitioner society is entitled for the amounts as agreed by the parties in terms of Ext.P4 agreement and for other consequential reliefs. 2. Apparently, the issues raised in the writ petition relates to a contract between the parties. Since the petitioner is a society, the dispute has to be resolved by way of arbitration in terms of with Section 69 of the Kerala Co- operative Societies Act. During the pendency of this writ petition, an issue was raised regarding the maintainability of Arbitration. However, the matter has now been resolved by judgment of this Court in W.P.(C) No.32053/2009.
3. The petitioner has filed ARC No. 121/2002, which is pending consideration before the Arbitrator. Another arbitration has been filed by the petitioner as ARC No.580/2014. Since the dispute, which is the subject of arbitration in the above cases relates to the same contract, W.P.(C) No.1256 OF 2014 2 especially by virtue of the work done in terms of the main contract as well as the supplementary agreement, it cannot be disputed that the matter requires to be heard together.
4. The learned counsel for the petitioner would submit that despite the relief sought for in the writ petition, the petitioner only seeks for a direction to the Arbitrator to decide the aforesaid cases together. An application is filed by the petitioner as IA No. 6585/2014 to implead the Arbitrator which is already allowed.
In the above circumstances, this writ petition is disposed of directing the seventh respondent to consider and decide both the Arbitration cases, ARC Nos. 121/2002 and 580/2014 together in accordance with the procedure prescribed. The entire process may be completed within six months from the date of receipt of a copy of this judgment.
A.M.SHAFFIQUE, JUDGE jm/
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Title

Kollam Labour Contractco-Operative Society Ltd.No Q vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
28 May, 2014
Judges
  • A M Shaffique
Advocates
  • Sri
  • S Muhammed Haneeff