M/S. Navin Construction ... vs Kerala Water Authority
2021 Latest Caselaw 808 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

  FRIDAY, THE 08TH DAY OF JANUARY 2021/18TH POUSHA, 1942

                   WP(C).No.14434 OF 2020(D)


PETITIONER:

              M/s. NAVIN CONSTRUCTION CORPORATION,
              REPRESENTED BY ITS MANAGING PARTNER,
              SUGATHAN, AGED 73 YEARS,
              S/O.NARAYANAN, ILLIKKATTU HOUSE,
              NEAR EDAPPALLY RAILWAY GATE,
              AIMS, PONEKKARA, COCHIN-682 041.

              BY ADVS.
              SRI.ANIL GEORGE
              SRI.JOBY JACOB PULICKEKUDY
              SRI.T.ANCY
              SMT.N.B.FATHIMA SULFATH
              SMT.K.BINCYMOL
              SHRI.DAJISH JOHN

RESPONDENTS:

     1        KERALA WATER AUTHORITY,
              REPRESENTED BY THE MANAGING DIRECTOR,
              JALABHAVAN, THIRUVANANTHAPURAM-695 033.

     2        THE SUPERINTENDING ENGINEER,
              P.H.CIRCLE, KERALA WATER AUTHORITY,
              PALAKKAD -678 001.

     3        THE EXECUTIVE ENGINEER,
              OFFICE OF THE EXECUTIVE ENGINEER,
              WATER SUPPLY PROJECT DIVISION,
              KERALA WATER AUTHORITY,
              PALAKKAD -670141.

              R1-3 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER
              AUTHORITY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.14434/2020
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 8th day of January, 2021

The writ petition has been filed seeking to direct the

respondents to release the part bill amounts as per Ext.P4

voucher.

2. The petitioner has undertaken certain work in

pursuant to the agreement with the respondents. The amount

due to the petitioner under Ext.P4 part bill is ₹2,08,40,661/-.

The learned counsel for the petitioner urged that due to the

non-disbursal of the part bill, he is not in a position to proceed

with the work and he has pressure from other quarters also for

payment towards materials purchased.

3. The learned Standing Counsel for the respondents

would submit that the Kerala Water Authority is facing acute

cash crunch and they are taking all efforts to disburse the

amount due to various contractors by mobilising funds.

However, it will take at least four months more for payment of WP(C) No.14434/2020

due amount to the petitioner.

4. Heard.

5. When this writ petition came up for hearing on

03.11.2020, taking into account the particular circumstances

of the case, the respondents were directed to pay the

petitioner 25% of Ext.P4 bill amount on or before 30.11.2020

and another 25% of the bill amount on or before 31.12.2020.

It is submitted at the Bar that the respondents could pay only

25% of the bill amount so far.

Taking into account the entire facts and

circumstances of the case, the writ petition is disposed of

directing the respondents to make the payment of the

remaining 25% of the amount as directed in the interim order

dated 03.11.2020 at the earliest, at any rate, before

31.03.2021. The remaining amounts due under Ext.P4 shall

be paid to the petitioner within a period of four months.

Sd/-

N. NAGARESH, JUDGE

aks/08.01.2021 WP(C) No.14434/2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE PHOTOCOPY OF PARTNERSHIP DEED 1/4/2011.

EXHIBIT P2 THE PHOTOCOPY OF AGREEMENT DATED 23/11/2017.

EXHIBIT P3 THE PHOTOCOPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 30/6/20.

EXHIBIT P4 THE PHOTOCOPY OF THE CB3 VOUCHER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER FOR AN AMOUNT OF RS.2,08,40,661/- DATED 29/6/20.

EXHIBIT P5 TRUEPHOTOCOPY OF LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 1.10.2020

EXHIBIT P6 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE STATE TAX OFFICER SQUAD NO-1 ERNAKULAM DATED 6.3.2020