Modern Constructions vs Kerala Water Authority
2021 Latest Caselaw 798 Ker

         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)

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)

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.