JUDGMENT

The question to be considered in these two Writ Petitions is whether the Arbitration Court can adjudicate the ARC filed by the 1st respondent when the additional 4th respondent – the Kerala Micro and Small Industries Facilitation Council, (hereinafter referred to as the 'Council'), has rendered an order -Ext.P2, while deciding the quesion of maintainability of the reference filed before it, by the 1st respondent for realising amount due from petitioners.

2. The factual circumstances of the case are as follows:

The 1st respondent herein is a registered partnership firm, engaged in the business of fertilisers. The petitioners Bank used to purchase manure from 1st respondent. Claiming that a sum of Rs.5,52,808/- was due from the petitioners Bank towards the cost of organic manure (compost) supplied, based on purchase orders of Bank, the 1st respondent approached the Council, in a W.P(c) No.14734/12-N & W.P(c) No.15329/12-M 2 reference under Rule 5(iii) of Micro and Small Enterprises Facilitation Council Rules, 2006, numbered as O.A. 6/2009, for recovery of the said amount from the Bank. The petitioners Bank filed an objection raising the question of maintainability. According t