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IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. JUSTICE A.K.JAYASANKARAN NAMBIAR, MR. JUSTICE EASWARAN S., JJ
Panchamy Pack (P) Ltd. – Appellant
Versus
Travancore Devaswom Board – Respondent
JUDGMENT :
Easwaran S., J.
The appeal is preferred by the appellant aggrieved by the order of the District Court, Thiruvananthapuram in OP(Arbitration) No.34/2012 dated 17.7.2015.
2. The brief facts necessary for the disposal of the appeal are as follows:
The appellant is a small-scale industrial unit registered under the Industries Department of Government of Kerala. The respondent Devaswom Board (hereinafter referred to as Board) is registered under the provisions of the Travancore Cochin Hindu Religious Institutions Act, 1950. An agreement dated 13.4.1999 was executed between the appellant and the respondent for filling and distribution of “Aravana Prasadam” in Sabarimala, which was to be operated from 1999 till 2007. The agreement was for the supply of 50 lakhs of cans, and the appellant claims to have delivered more than 430 lakhs of cans, generating an amount of Rs.178 Crores to the respondent Board. Various disputes stemmed out of the operation of the agreement with the appellant alleging that the respondent Board did not fulfil its obligation under the contract. Aggrieved by the action of the Board, the appellant raised a dispute relating to the delay in payment before the Micr
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