IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 30623 of 2007(U) -------------------------- PETITIONER(S): --------------- K.V.SREEVALSAN, AGED 44 YEARS, CONTRACTOR, CHATTEL SREE BROTHERS, KADAPPAKADA, KOLLAM-8 - PRESENTLY RESIDING AT KOTTOOR HOUSE, NEAR SUB JAIL, THEVALLY P.O., KOLLAM-9. BY ADV. SRI.C.V.VASUDEVAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF IRRIGATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, PROJECT III, K.I.P.KALLADA, KOTTARAKARA. 3. THE SUPERINTENDING ENGINEER, K.I.P. CIRCLE, KOTTARAKKARA, KOLLAM. * 4. SRI. T.T.KRIPANANDA SINGH, SUPERINTENDING ENGINEER, CHEROOTTY ROAD, CALICUT. (R4 DELETED FROM PARTY ARRAY AS PER ORDER DT 26.11.2007 IN IA.15551/07) GOVERNMENT PLEADER SRI.M.A.AZIF FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PLAINT IN OS.NO.500/1995 OF SUB COURT, KOLLAM P2 COPY OF THE JUDGMENT DT 6.7.2002 IN OS.500/95. P3 COPY OF THE EXECUTION PETITION DT 27.1.04. // True Copy // P.A. To Judge T.R.RAMACHANDRAN NAIR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 30623 of 2007 U ``````````````````````````````````````````````````````` Dated this the 23rd day of February, 2010 J U D G M E N T The petitioner is the plaintiff in O.S.No.500/1995 on the file of the Sub Judge, Kollam. He is a contractor who has entered into an agreement with the respondent for carrying out the work in the Mynagapally minor distributory and the agreement is dated 19-07-1986. 2. The suit was decreed by Ext.P2 wherein the following is the decreed portion:- “ In the result, it is ordered and decreed thus: The defendants shall file arbitration agreement dated 19-07-1986 together with all tender documents within a period of one month from the date of this decree. The authority of the 4th defendant is hereby revoked. The parties shall file the panel containing the names of the arbitrators to be appointed in the matter of arbitration, within three months from the date of production of the agreement and parties shall be liberty to apply to the court for appointment of an arbitrator from that panel. The arbitrator WPC.30623/07 : 2 : shall file an award within a period of three months from the date on his appointment. There will be no order as to costs.” 3. The petitioner approached this Court in this writ petition seeking for a direction to the respondents to file the arbitration agreement No.8/SE/KCQ/86-87 dated 19-07-1986 before the court. 4. It is seen from the report furnished by the court below that the petitioner had filed EP No.13/2004 which was posted for further steps and no steps were taken even after a long time. The said EP was dismissed on 03-10-2005. It is reported that at present no petition is pending in this case. 5. It is open to the petitioner to file suitable application either to revive the EP or to file a fresh EP if it is permissible in law. This Court at this stage will not be justified in issuing a direction as sought for. The respondents herein will see that on getting appropriate orders from the execution court, the arbitration agreement etc will be produced for enabling the petitioner to invoke the relevant clause of the agreement for appointment of arbitrator. It is made clear that I have not considered anything on WPC.30623/07 : 3 : the merits of the matter and the entire aspects will have to be considered by the executing court. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) aks