Kerala High Court
M/S. Torrents N. Currents ... vs Kerala Water Authority on 22 January, 2021
W.P(c).No.28488/2020-I 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
WP(C).No.28488 OF 2020(I)
PETITIONER:
M/S. TORRENTS N. CURRENTS CONTRACTING PVT. LTD.
BUILDING NO. III/36, VALLIPLAVIL HOUSE, NELLIKUZHI
P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686
901, REPRESENTED BY ITS MANAGING DIRECTOR,
SURESH D, AGED 49, S/O. DEVESAN.
BY ADVS.
SRI.ANIL GEORGE
SRI.JOBY JACOB PULICKEKUDY
RESPONDENTS:
1 KERALA WATER AUTHORITY,
REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN,
THIRUVANANTHAPURAM-695 033.
2 THE SUPERINTENDING ENGINEER,
KERALA WATER AUTHORITY, P.H. CIRCLE, KOCHI-682 011.
3 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY, WATER SUPPLY DIVISION,
KOCHI-682018.
4 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER,
FINANCE WING, KERALA WATER AUTHORITY, JALABHAVAN,
THIRUVANANTHAPURAM-695 033.
R1-4 BY SHRI.P.BENJAMIN PAUL, SC, KERALA WATER
AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(c).No.28488/2020-I 2
P.V.ASHA, J.
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W.P(c) No.28488 of 2020-I
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Dated this the 22nd day of January, 2021
JUDGMENT
The petitioner, who completed the work of augmentation of WSS to Tripunithura
Municipality and adjoining Panchayats - Supply, Erection, testing and commissioning of
3 Nos. Centrifugal Pump Sets with a discharg of 278 lps against a total head of 59m with
a minimum efficiency of 70% at CWPH, Choondy on 30.03.2019 on the basis of the
agreement executed on 12.08.2016, is aggrieved by the delay in payment of the security
deposit and retention amount. It is stated that the maintenance period is 12 months and
even after the period is over, the amount is not paid.
2. Heard the learned Standing Counsel Sri Benjamin Paul also.
In view of the fact that the commissioning is also over, on submission of a
representation by the petitioner before the 2 nd respondent through the 3rd respondent
within a period of one week along with a copy of the judgment, the 2 nd respondent shall
take appropriate action for payment of the amount due to the petitioner towards security
deposit as well as retention amount without further delay, at any rate - within a period of
one month.
The Writ Petition is disposed of accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED 12.08.2016
SIGNED BY THE PETITIONER AND THE 2ND
RESPONDENT.
EXHIBIT P2 TRUE COPY OF WORK COMPLETION CERTIFICATE
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF PROCEEDINGS OF THE 4TH
RESPONDENT DATED 30.10.2020.
