Kerala High Court
The Centre For Environment And ... vs The State Of Kerala on 26 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942
WP(C).No.13885 OF 2020(I)
PETITIONER:
THE CENTRE FOR ENVIRONMENT AND DEVELOPMENT,
THOZHUVANCODE,
VATTIYOORKAVU.P.O,
THIRUVANANTHAPURAM-695 013,
REPRESENTED BY ITS EXECUTIVE DIRECTOR,
DR.BABU AMBAT,
RESIDING AT CGRA-20,
SOUPARNIKA,
CONTINENTAL GARDEN,
VATTIYOORKAVU.P.O,
THIRUVANANTHAPURAM-695013.
BY ADVS.
SRI.RINNY STEPHEN CHAMAPARAMPIL
SMT.ASHA ELIZABETH MATHEW
RESPONDENTS:
1 THE STATE OF KERALA,
REP.BY ITS SECRETARY,
WATER RESOURCES DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 KERALA RURAL WATER SUPPLY AND
SANITATION AGENCY (KRWSA),
REP.BY ITS EXECUTIVE DIRECTOR,
PTC TOWERS,
3RD FLOOR, S.S.KOVIL ROAD,
THAMPANOOR,
THIRUVANANTHAPURAM-695001.
3 KERALA SUCHITWA MISSION,
REP.BY ITS EXECUTIVE DIRECTOR,
SWARAJ BHAVAN, NANTHENCODE,
THIRUVANANTHAPURAM-695003.
WP(C) No.13885/2020
:2 :
ADDL. 4 THE INSTITUTION OF ENGINEERS (INDIA),
REPRESENTED BY ITS SECRETARY AND
DIRECTOR GENERAL,
8 GOKHALE ROAD,
KOLKKATTA - 700 020.
(ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
26.02.2021 IN I.A.No. 6/2021)
R2 BY ADV. SRI.D.KISHORE
GOVERNMENT PLEADER - SMT. RASHMI K.M.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.13885/2020
:3 :
JUDGMENT
~~~~~~~~~
Dated this the 26th day of February, 2021
The 1st respondent selected the petitioner as the
Consultant for 'Technical Support to KRWSA and Suchitwa
Mission, on Sanitation' funded by the World Bank and
executed Ext.P1 Agreement with the petitioner. Certain
disputes relating to Bills arose between the petitioner and the
2nd respondent-Suchitwa Mission. The petitioner approached
this Court filing W.P.(C) No.12203/2019 and pursuant to the
judgment of this Court, the 2nd respondent passed Ext.P11
order holding that no amount is due to the petitioner. It is
challenging Ext.P11 order that the petitioner has filed this writ
petition.
2. Pending this writ petition, the petitioner sought to
resolve the issue through arbitration. As per Clause 45.1 of
the Special Conditions of Ext.p1 Agreement, the petitioner
made a request to the Institution of Engineers for nomination
WP(C) No.13885/2020
of Arbitrators. By letter dated 22.10.2020, the Institution of
Engineers (India) provided a panel of 5 Arbitrators to the
petitioner with copy to the 2nd respondent requesting to select
one of the Arbitrators. The petitioner struck off the names of 2
Arbitrators and forwarded the same to the Institution of
Engineers.
3. However, the 2nd respondent did not respond to the
communication. The 2nd respondent took a stand that since
the writ petition is pending, the process of appointing
Arbitrator cannot be processed with till a decision is taken in
the writ petition.
4. As no communication was received from the 2nd
respondent selecting an Arbitrator from the panel, the
Institution of Engineers (India) issued Ext.P21 letter dated
03.02.2021 nominating Mr. Ranveer Singh Chauhan, FIE as
the Sole Arbitrator and the petitioner was required to contact
the said Mr. Chauhan for further proceedings. A copy of
Ext.P21 was marked to the 2nd respondent also.
WP(C) No.13885/2020
5. When this writ petition came up for hearing today,
the learned counsel for the 2nd respondent submitted that the
2nd respondent does not have any objection in solving the
issues through arbitration and the 2 nd respondent did not
respond to the letters of the Institution of Engineers (India) for
the reason that a writ petition on the issue is pending before
this Court.
6. The 2nd respondent further submitted that they have
no objection in appointing Mr. Roy J. Vellanikaran suggested
by the Institution of Engineers (India) as an Arbitrator. In fact,
the 2nd respondent submitted that they have no complaint
regarding Ranveer Chauhan acting as Arbitrator. But, his
residence being at Dehradun, it will be more convenient and
economic for the petitioner as well as the 2 nd respondent, if
Roy J. Vellanikaran, FIE, who is a resident of Kochi, is
appointed as the Sole Arbitrator.
7. Having heard the learned counsel for the petitioner
and the learned counsel for the 2 nd respondent, I find that
suggestion made by the counsel for the 2 nd respondent is just
WP(C) No.13885/2020
and reasonable. The Institution of Engineers (India) is
impleaded as additional 4th respondent. In the nature of the
order proposed to be given in this writ petition, notice to the
additional 4th respondent is dispensed with.
The writ petition is disposed of directing the
Institution of Engineers (India) to consider the request made
by the 2nd respondent for appointment of Roy J. Vellanikaran
as the Sole Arbitrator. This Court finds that as the Arbitration
proceedings have not actually started and since appointment
of Mr. Roy J. Vellanikaran is acceptable and more convenient
to both the parties, it will be just and proper if the Institution of
Engineers (India) nominates Mr. Roy J. Vellanikaran as the
Sole Arbitrator. A decision in this regard shall be taken by the
Institution of Engineers (India) within a period of one month,
positively. It is made clear that the Sole Arbitrator shall
consider the issues arising for arbitration, untrammeled by any
of the observations contained in Ext.P11.
Sd/-
N. NAGARESH, JUDGE
aks/26.02.2021
WP(C) No.13885/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF
AGREEMENT NO.1909/PROC/2015/KRWSA
DATED 30/11/2015
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF
THE SUPPLEMENTARY AGREEMENT EXECUTED
ON 18/02/2017
EXHIBIT P3 TRUE COPY OF THE FINAL INVOICES
SUBMITTED BY THE PETITIONER ON
28/12/2017
EXHIBIT P4 TRUE COPY OF LETTER NO.CED/2253/2015
DATED 16/07/2018 ISSUED BY THE
PETITIONER
EXHIBIT P5 TRUE COPY OF LETTER NO.CED/2253/2015
DATED 05/10/2018 ISSUED BY THE
PETITIONER
EXHIBIT P6 TRUE COPY OF LEGAL NOTICE DATED
16/01/2019
EXHIBIT P7 TRUE COPY OF THE POSTAL RECEIPT
EXHIBIT P8 TRUE COPY OF LETTER DATED 14/02/2019
ISSUED BY THE 1ST RESPONDENT
EXHIBIT P9 TRUE COPY OF LETTER DATED 26/02/2019
ISSUED BY THE PETITIONER
EXHIBIT P10 A TRUE COPY OF THE JUGMENT DATED
13/08/2019 IN W.P(C)NO.12203/2019
EXHIBIT P11 A TRUE COPY OF THE REJECTION LETTER
DATED 27/9/2019 ISSUED BY THE 2ND
RESPONDENT.
WP(C) No.13885/2020
EXHIBIT P12 A TRUE COPY OF THE MINUTES OF THE
MEETING CONVENED ON 3.12.2016 BY THE
2ND RESPONDENT
EXHIBIT P13 A TRUE COPY OF THE LETTER NO-
4369/TECH/2015 KRWSA DATED 9.2.2017
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P14 A TRUE COPY OF THE APPLICATION DATED
25/08/2020 SUBMITTD BY THE WRIT
PETITIONER TO THE PRESIDENT, THE
INSTITUTION OF ENGINEERS
EXHIBIT P15 A TRUE COPY OF LETTER DATED 22/10/2020
ISSUED BY THE INSTITUTION OF ENGINEERS
TO THE WRIT PETITIONER
EXHIBIT P16 A TRUE COPY OF LETTER DATED 23/10/2020
ISSUED BY THE WRIT PETITIONER TO THE
2ND RESPONDENT IN W.P.(c)
EXHIBIT P17 A TRUE COPY OF LETTER DATED 19/11/2020
ISSUED BY THE 1ST RESPONDENT IN W.P.
(C) TO THE WRIT PETITIONER
EXHIBIT P18 A TRUE COPY OF THE LETTER DATED
25/09/2020 ISSUED BY THE INSTITUTION
OF ENGINEERS (INDIA) TO THE PETITIONER
EXHIBIT P19 A TRUE COPY OF THE DEMAND DRAFT DATED
06/10/2020 ISSUED BY THE PETITIONER TO
THE INSTITUTION OF ENGINEERS (INDIA)
EXHIBIT P20 A TRUE COPY OF THE LETTER DATED
23/11/2020 ISSUED BY THE PETITIONER TO
THE INSTITUTION OF ENGINEERS (INDIA)
EXHIBIT P21 A TRUE COPY OF THE LETTER DATED
03/02/2021 ISSUED BY THE INSTITUTION
OF ENGINEERS (INDIA) TO THE PETITIONER
EXHIBIT P22 A TRUE COPY OF THE TERMS OF REFERENCE
APPENDED TO EXHIBIT P1 AGREEMENT DATED
30/11/2015 EXECUTED BETWEEN THE
PETITIONER AND THE 2ND RESPONDENT
WP(C) No.13885/2020
EXHIBIT P23 A TRUE COPY OF THE FULL TEXT OF THE
SUPPLEMENTARY AGREEMETN DATED
18/02/2017 EXECUTED BETWEEN THE
PETITIONER AND THE 2ND RESPONDENT
EXHIBIT P24 A TRUE COPY OF LETTER
NO.KRWSA/PMU/214/2019-TA-PROC DATED
18/02/2021 ISSUED BY THE EXECUTIVE
DIRECTOR OF THE 2ND RESPONDENT
RESPONDENTS' EXHIBITS:
EXHIBIT R2(a) TRUE COPY OF THE AGREEMENT DATED 30-
11-2015 EXECUTED BETWEEN THE
PETITIONER AS WELL AS THE 2ND
RESPONDENT.
EXHIBIT R2(b) TRUE COPY OF THE MINUTES OF THE REVIEW
MEETING HELD ON 1-06-2016.
EXHIBIT R2(c) TRUE COPY OF THE LETTER NO.
4369/TECH/2015/KRWSA DATED 20-07-2016
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER.
EXHIBIT R2(d) TRUE COPY OF THE EXTRACT FROM THE
MINUTES OF THE REVIEW MEETING HELD ON
21-1-2016.
EXHIBIT R2(e) TRUE COPY OF THE MINUTE OF REVIEW
MEETING HELD ON 18-02-2016.
EXHIBIT R2(f) TRUE COPY OF THE LETTER DATED 30-06-
2017 ISSUED TO 3RD RESPONDENT BY 2ND
RESPONDENT.
EXHIBIT R2(g) TRUE COPY OF THE LETTER DATED
23.08.2017 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT R2(h) TRUE COPY OF THE LETTER DATED 7-09-
2017 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER.
WP(C) No.13885/2020
EXHIBIT R2(i) TRUE COPY OF THE LETTER DATED 25-04-
2018 ISSUED BY 3RD RESPONDENT.
EXHIBIT R2(j) TRUE COPY OF THE LETTER DATED 12-06-
2018 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER.
EXHIBIT R2(k) TRUE COPY OF THE LETTER DATED 14-11-
2018 ISSUED BY 3RD RESPONDENT.
EXHIBIT R2(l) TRUE COPY OF THE LETTER DATED
22/7/2020 ISSUED BY THE PETITIONER.
EXHIBIT R2(m) TRUE COPY OF THE REPLY TO EXHIBIT
R2(l) ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER.
ANNEXURE-I TRUE COPY OF THE AGREEMENT DATED 30-
11-2015 EXECUTED BETWEEN THE
PETITIONER AS WELL AS THE 1ST
RESPONDENT
ANNEXURE-II TRUE COPY OF THE LETTER DATED 22-07-
2020 ISSUED BY THE 1ST RESPONDENT TO
THE PETITIONER
ANNEXURE-III TRUE COPY OF THE REPLY TO ANNEXURE-II
ISSUED BY THE PETITIONER TO THE 1ST
RESPONDENT DATED 13-08-2020
SR
