IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 1942 of 2011(P) --------------------------------------- PETITIONER(S): ------------------------- M/S.SOUTHERN WEIGHING INSTRUMENTS,PVT. LED,(INCORPORATED UNDER COMPANIES ACT 1956)NO-10- 10333 OF 1996.MICRO CATEGORY SMALL SCALE INDUSTRY REP.BY ITS MANAGING DIRECTOR,V.VISWANADHAN,AGED 56 YEARS,S/O.LATE VELAYUDHAN ACHARI,"ASHIANA", VASUDNDHARA NAGAR(S)G.E.ROAD,BHILAI-3,CHHATTISGARH BY ADV. SRI.MANJERI SUNDERRAJ SMT.K.K.PREETHA SRI.U.P.BALAKRISHNAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA,REP.BY SECRETARY TO GOVERNMENT,FINANCE TO GOVERNMENT FINANCE MINSTRY,GOVERNMENT OF KERALA SECRETARIAT,TRIVANDRUM 2. SECRETARY TO GOVERNMENT TAXES(C)DEPARTMENT,GOVERNMENT OF KERALA, SECRETARIAT,TRIVANDRUM 3. THE COMMISSIONER, COMMERCIAL TAXES DEPARTMENT, PUBLIC OFFICES BUILDING,TRIVANDRUM 4. KITCO LTD, (ESTD BY IDBI & GOVERNMENT OF KERALA) REGISTRED OFFICE, BUILDING,RAVIPURAM M.G.ROAD,COCHIN-682016 R1 TO R3 BY GOVT. PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 1942 of 2011 P ``````````````````````````````````````````````````````` Dated this the 19th day of January, 2011 J U D G M E N T Prayer sought in this writ petition is to direct the respondents to refer the dispute between the petitioner and respondents 2 and 3 for arbitration under Act 26 of 1996. 2. If as stated by the petitioner, the agreement between the parties provide for arbitration, the remedy available to the petitioner is to seek appointment of arbitrator and in the event of failure, to move an application as provided under Section 11(6) of the Act referred to above. Therefore, the writ petition is misconceived and leaving it open to the petitioner to seek appointment of the arbitrator as above, this writ petition is closed. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge