IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 32827 of 2008(G) --------------------------------------- PETITIONER: ------------------- KERALA INDUSTRIAL SECURITY FORCE, 20/374, Y.C.M.A.ROAD,VALLAKKALIL JUNCTION, MUVATTUPUZHA, 686661,REPRESENTED BY ITS MANAGING DIRECTOR, BABY VATTAKUNNEL, AGED 45 S/O. PAULOSE,VATTAKKUNNEL HOUSE,MUVATTUPUZHA. BY ADV. MR.JOHNSON MANAYANI. RESPONDENTS: ------------------------ 1. KERALA SHIPPING INLAND NAVIGATION CORPORATION LTD., 39/924 A, UDHAYA NAGAR ROAD, GANDHI NAGAR, COCHIN -20,REPRESENTED BY ITS MANAGING DIRECTOR. 2. GROUP '7' SECURITY AGENCY,KADAVANTHARA, ERNAKULAM-20,REPRESENTED BY ITS GENERAL MANAGER. 3. STATE OF KERALA,REPRESENTED BY ITS CHIEF SECRETARY,SECRETARIAT,TRIVANDRUM. R1 BY ADV. MR.V.J.MATHEW,SC,KSINC, R3 BY GOVT. PLEADER MR. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. V.GIRI, J --------------------------- W.P.(C).32827 of 2008 --------------------------- 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