SUSHEEL AGARWAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are depositors in terms of Sec. 2 (b) of the Kerala Warehouses Act, 1960. The petitioners deposited certain articles or goods with the second respondent, the warehouseman as defined in Sec. 2(j) of the said Act. There was a demand for warehouse charges. The demand was made issuing notices with a threat that, in case the demand is not met, the articles or goods shall be subjected to sale by the warehouseman. Those notices were challenged by the petitioners separately in O.P. Nos.25246/01 & 25338/01. During the pendency of those original petitions, both the petitioners in those original petitions, both the petitioners in those original petitions, both the petitioners in those original petitions have approached this court with this original petitions have approached this court with this original petition seeking a direction to the first respondent Government to take steps to constitute a Board of Arbitrators under Sec. 31 of the Kerala Warehouses Act and to refer the dispute raised in Exts. P1 and P2 notices to the said arbitrators.

(2.) It is submitted that arbitration is provided for as per the Kerala Warehouses Act and the rules framed thereunder. Therefore, it is mandatory for the first respondent when a dispute or complaint is received to refer the matter for decision by the arbitrator/arbitrators.

(3.) The arbitration is dealt with in Sec. 31 of the Act which reads as follows: