IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32827 of 2008(G)
1. KERALA INDUSTRIAL SECURITY FORCE
... Petitioner
Vs
1. KERALA SHIPPING INLAND NAVIGATION
... Respondent
2. GROUP '7' SECURITY AGENCY,KADAVANTHARA
3. STATE OF KERALA,REPRESENTED BY ITS
For Petitioner :SRI.JOHNSON MANAYANI
For Respondent :SRI.V.J.MATHEW,SC,KSINC(KERALA SHIPPING
The Hon'ble MR. Justice V.GIRI
Dated :27/05/2009
O R D E R
V.GIRI, J
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W.P.(C).32827 of 2008
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Dated this the 27th day of May, 2009
JUDGMENT
The petitioner entered into Ext.P1
agreement with the 1st respondent for providing
security personnel for the establishments run by the
1st respondent. The agreement contains an
arbitration clause, which reads as follows:
“In case any dispute the matter may
left for the arbitration of the Managing
Director, KSINC and his decision on the
matter shall be final and binding on both
parties.”
2. The period of agreement is over. It
seems that the 1st respondent is desirous of engaging
another agency. It further seems, according to the 1st
respondent that the final settlement of the accounts
has not been completed. Ext.P5 communication is
issued by the 1st respondent proposing to recover the
amount mentioned therein to enable the 1st
respondent to recoup the loss allegedly caused.
Ext.P5 has been challenged in this writ petition.
W.P.(C).32827 of 2008
:: 2 ::
3. As pointed out by the counsel for the 1st
respondent, the relationship between the 1st
respondent and the petitioner is contractual and if
there is any dispute between the parties as regards
the settlement of accounts, then it is open to the
petitioner to invoke the arbitration clause and seek
appropriate relief.
Writ petition is closed without prejudice to
the right of the petitioner to do so.
Sd/-
(V.GIRI)
Judge
sk/
//true copy//
P.S. to Judge