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2026 Supreme(Online)(Ker) 1841

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
M/S.THE PHARMACEUTICALS & CHEMICALS (P) LTD. – Appellant
Versus
KERALA MEDICAL SERVICES CORPORATION LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.BABU THOMAS, SMT.MARYKUTTY BABU, SMT.DRISYA DILEEP
For the Respondents: ADV M AJAY, SC, KERALA MEDICAL SERVICES CORPORATION LTD.

Table of Content
1. requests for arbitration on unpaid dues. (Para 1 , 2)
2. claims held time-barred due to late notices. (Para 10 , 12)
3. court ruling rejects arbitration requests. (Para 20 , 21)

ORDER

The applicant in these arbitration requests is a company engaged in manufacture and supply of drugs/medicines. From 2008 onwards, it has been supplying drugs/medicines to the 1st respondent, a government company. Disputes projected in these arbitration requests pertain to various agreements executed between the petitioner and the 1st respondent for supply of drugs and medicines.

2. Dispute in A.R.No.172/2025 pertains to the tender year 2019-20. In A.R.No.173/2025, agreement entered during the tender year 2018-19 is involved. In A.R.No.174/2025, the agreement involved is of the tender year 2017-18. Since the nature of disputes is one and the same in all these arbitration requests, I propose to dispose them by a common order. References made to documents in this order is as per they are indexed in A.R.No.172/2025.

3. The dispute precisely is with regard to the alleged shortage in the payment of the amounts claimed by the petitioners for the supply of medicines and drugs under the respective

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