IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 24386 of 2010(W) ---------------------------------- PETITIONER(S): ------------------- KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LIMITED, KADAVANTHRA, KOCHI-20, REPRESENTED BY ITS MANAGING DIRECTOR, S.RATAKUMARAN, SON OF S. SREEDHARAN, AGED 54 YEARS BY ADVS. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT(S): -------------------- 1. THE KERALA STATE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM. 2. LEELAMMA AUGUSTINE, JUNIOR MARKETING OFFICER, KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LIMITED, KOCHI-20. R1 & R2 BY SR. GOVT.PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 24386 OF 2010 W ----------------------------------------------------------- Dated this the 5th August, 2010. JUDGMENT The petitioner who is the respondent in ARC 8/09 filed by the second respondent challenges the action of the first respondent in not considering the maintainability of the arbitration proceedings as a preliminary issue. The petitioner has submitted Ext.P1 raising the question of maintainability of the proceedings before the first respondent for the reason that the issue is purely monetary in nature. According to the petitioner, such issues do not come within the jurisdiction of the first respondent. Though the petitioner requested the first respondent to consider the question of maintainability as a preliminary issue, it is complained that the first respondent is proceeding with the consideration of the matter on merits. Therefore, the petitioner prays for the issue of appropriate directions for a consideration of the preliminary question. 2. In view of the limited relief that is sought for I do not think it necessary to issue notice to the respondents. I have heard the learned senior Govt. Pleader who has no objection to the issue of a direction to consider the question of maintainability as a preliminary issue. WPC 24386/2010 2 3. In the above circumstances, this writ petition is disposed of directing the first respondent to consider the question of maintainability raised by the petitioner as a preliminary issue and to pass orders thereon determining the same, before proceeding with the merits of the case. K. SURENDRA MOHAN Judge jj WPC 24386/2010 3