Date:05/08/2005 URL: http://www.thehindubusinessline.com/2005/08/05/stories/2005080502171900.htm

Back Kerala HC suggests out-of-court accord on cashew nut row

K.C. Gopakumar

Kochi , Aug 4

A DIVISION Bench of the Kerala High Court has directed the Union Cabinet Secretary and the State Chief Secretary to see that the nine-year-old dispute between the Tribal Cooperative Marketing Development Federation of India Ltd (TRIFED) and the Kerala State Cashew Workers Apex Industrial Cooperative Society (CAPEX) over the supply of low quality raw cashew nuts to the latter is resolved soon.

The Bench comprising the Chief Justice, Mr Rajiv Gupta, and Mr Justice K.S. Radhakrishnan issued the direction while disposing of an appeal filed by the TRIFED against an arbitration award.

The Bench also directed the Cabinet Secretary and the Chief Secretary to convene a meeting of the officers of the CAPEX and TRIFED and explore the possibility of resolving the dispute within three months.

The arbitrator had fixed the liability on the federation for the shortfall in the quantity and quality of raw cashew nuts supplied to a private individual through the CAPEX.

TRIFED had procured the raw cashew nuts from tribals. TRIFED is mainly engaged in implementing price support operation in tribal areas for procurement of forest and agricultural produces.

The court observed that both CAPEX and TRIFED had been fighting over the issue for the last nine years in various forums. It is unfortunate that the two under the control of the Central and State Governments were fighting each other, spending public money, the Bench said.

So, the court was of the view that an out-of-court settlement had to be explored and issued the direction to the Cabinet Secretary and Chief Secretary.