IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
WP(C).No.25609 OF 2020(A)
PETITIONER:
MODERN CONSTRUCTIONS
REPRESENTED BY ITS MANAGING PARTNER,
K SUNDARAN,
S/O MADHAVAN NAIR, AGED 57 YEARS, ROOM
NO.32/883B, OORAKODAN APARTMENTS, COURT GATE,
MANJERI, MALAPPURAM -676121., RESIDING AT
ATHIMA HOUSE, SANTHIGRAM , MANJERI-676121.
BY ADV. SMT.TESSY JOSE
RESPONDENTS:
1 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR,
JALABHAVAN, VELLAYAMBALAM,
THIRUVANATHAPURAM-695010.
2 THE SUPERINTENDING ENGINEER
KERALA WATER AUTHORITY,
P H CIRCLE, MALAPPURAM,
KOZHIKODE-673009.
3 THE EXECUTIVE ENGINEER
KERALA WATER AUTHORITY,
PROJECT DIVISION,
MALAPPURAM-676505.
BY SHRI.P.BENJAMIN PAUL, SC, KERALA WATER
AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.01.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.25609 OF 2020(A)
2
J U D G M E N T
Petitioner, who is an A Class Government Contractor, is aggrieved by the delay in payment of the bill amount, security deposit, retention amount, running maintenance, trial running and commissioning amount, etc. Petitioner has refereed to the amount due to it under various heads in paragraph 7 of the writ petition.
2. Shri P.Benjamin Paul, learned Standing Counsel submits that according to the respondents the actual amount due to the petitioner is not as claimed by it. At any rate it is not disputed that petitioner has carried out the work and amounts are due to the petitioner. At the same time it is also stated that the commissioning is not over and therefore the trial run is not so far conducted. At any rate it is stated that the work was over in 2019 on the basis of agreement executed in 2017. WP(C).No.25609 OF 2020(A) 3 Therefore petitioner shall submit a representation before the 3rd respondent pointing out all the claims and the amount under the respective heads within a period of 'two weeks' from the date of receipt of a copy of the judgment.
3. Petitioner points out that in several cases respondents have disbursed the amount on execution of simple bond without insisting any Bank Guarantee. This shall also be considered by the Executive Engineer.
There shall be a direction to the Executive Engineer to consider and pass orders on the said representation within a further period of 'six weeks'.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA, JUDGE AS WP(C).No.25609 OF 2020(A) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PARTNERSHIP DEED DATED 1.12.2009 OF PETITIONER'S COMPANY PARTNER 1 TO 5.
EXHIBIT P2 TRUE COPY OF AGREEMENT NO SE/PHC/KKD/48/2013-14 DATED 3.1.2014 EXECUTED BETWEEN THE PETITIONER AND 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE CB3 OF 3RD PART BILL SHOWING THE DUE AMOUNTS TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE CB3 OF 4TH PART BILL SHOWING THE DUE AMOUNTS TO THE PETITIONER.