IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30967 of 2011(U) ---------------------------------------- PETITIONER(S): ------------------------- V.R.JAYADAS, (RETIRED CHIEF ENGINEER) BORDER ROADS ORGANIZATION, PRESIDING ARBITRATOR OF THE ARBITRAL TRIBUNAL, VAILAPPILLY HOUSE, SHANTHI NAGAR, NEDUPUZHA P.O., THRISSUR, PIN- 680 015. BY ADV. SRI.K.V.JAYADEEP MENON SRI.T.P.RAMESH (THENGUMPILLIL) SMT.P.KRISHNAPRIYA RESPONDENT(S): ---------------------------- 1. M/S.BHAGEERATHA ENGINEERING LTD, BHAGEERATHA RESIDENCY, BANERJI ROAD, KOCHI-PIN- 682 018. 2. THE PROJECT DIRECTOR, KERALA STATE TRANSPORT PROJECT, KSTP PROJECT MANGAGEMENT TEAM, T.C.11/339, JAGAD BUILDING, KESTON ROAD, NANATHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-PIN-695 010. R2 BY GOVERNMENT PLEADER SRI.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.30967/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF INTERIM ORDER IN W.P.(C) NO.25183/2007 DATED 18/12/2007. EXHIBIT-P2. TRUE COPY OF LETTER DATED 01/04/2010 FOR APPOINTMENT OF AN ARBITRATOR BY THE 2ND RESPONDENT AFTER APPOINTING THEIR OWN BY THE 1ST RESPONDENT. EXHIBIT-P2(a).APPOINTMENT OF ARBITRATOR BY 2ND RESPONDENT BY THE LETTER DATED 20.04.2010. EXHIBIT-P3. TUE COPY OF LETTER DATED 18/05/2010 ISSUED BY BOTH THE ARBITRATORS TO THE PETITIONER APPOINTING HIM AS THE PRESIDING ARBITRATOR. EXHIBIT-P4. TRUE COPY OF LETTER DATED 29/05/2010 ACCEPTING THE APPOINTMENT AS THE PRESIDING ARBITRATOR. EXHIBIT-P5. TRUE COPY OF THE 1ST MEETING OF THE ARBITRAL TRIBUNAL DATED 02/06/2010 AND THE PROCEEDINGS ISSUED THEREAFTER. EXHIBIT-P5(a).TRUE COPY OF THE PROCEEDINGS OF THE 2ND MEETING OF THE ARBITRAL TRIBUNAL ON 22.02.2011 AND THE PROCEEDINGS ISSUED THEREAFTER. EXHIBIT-P6. TRUE COPY OF LETTER DATED 24/11/2010 ISSUED BY THE 2ND RESPONDENT STATING THAT THE ARBITRAL TRIBUNAL CANNOT PROCEED WITH THE ARBITRATION AS THE MATTER AMOUNTS TO SUB- JUDICE. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 30967 OF 2011 ----------------------------------------------------- Dated this the 21st day of November, 2011 J U D G M E N T It appears that in an arbitration dispute between respondents 1 and 2, an Arbitration Tribunal consisting of the petitioner and two others has been constituted. Before the Arbitration Tribunal the 2nd respondent filed Ext.P6, contending that in view of the pendency of WP(C) No. 25796/05 filed by the first respondent, the issue raised before the Tribunal is subjudice and therefore is not arbitrable. On the filing of the said objection this writ petition has been filed with the following prayer. “Issue a writ of mandamus, or any other appropriate writ, order or direction to the Arbitral Tribunal represented by the petitioner, as well as to the respondents, that this Honourable Court be pleased to permit the Arbitral Tribunal to continue W.P.(C) No. 30967 OF 2011 :2 : with its proceedings and the writ petition pending will not stand in the way of the Arbitration proceedings to continue uninterruptedly.” In my view, when an objection in the nature of Ext.P6 has been raised it is for the Arbitral Tribunal itself to rule on the objection in view of the provisions contained under S.16 of the Arbitration and Conciliation Act, 1996. Therefore leaving it open to the Tribunal to decide under the said provision, this writ petition is dismissed. ANTONY DOMINIC, JUDGE ul/-