Unotech Marine Engineering & ... vs The Kerala Maritime Board
2021 Latest Caselaw 8076 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                       WP(C).No.6121 OF 2021(M)


PETITIONER:

               UNOTECH MARINE ENGINEERING & SERVICES PVT. LTD.,
               38/2394 C, 1ST FLOOR, VEEJAY TOWERS,
               SALIM RAJAN ROAD, GANDHI NAGAR, KOCHI-682 017,
               REPRESENTED BY ITS MANAGING DIRECTOR,
               JACOB CHALAPPURATHU JOHN, AGED 53 YEARS,
               S/O.CHALAPPURATHU DANIEL JOHN, 10C ARCHIVES,
               VITTORIA, REFINERY ROAD, THRIPUNITHURA-682 301.

               BY ADVS.
               SRI.D.G.VIPIN
               SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY

RESPONDENTS:

      1        THE KERALA MARITIME BOARD,
               (FORMERLY KNOWN AS KERALA STATE MARITIME DEVELOPMENT
               CORPORATION LTD., (KSMDC)), 2ND FLOOR, "WILMOND
               PARK", CHURCH LANDING ROAD,
               OPP. ST.GEORGE CHURCH, PALLIMUKKU, KOCHI-682016.
               REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

      2        DEPUTY PORT CONSERVATOR,
               O/O.PORT CONSERVATOR, VADDY-PALLITHOTTAM ROAD,
               JONAKAPURAM, THANKASSERY, KOLLAM-691 001.

               BY ADVS. SMT.PRINCY XAVIER, GOVERNMENT PLEADER
                        SRI.K.P.SUDHEER, SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION           ON
09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6121 OF 2021(M)

                                  2




                             JUDGMENT

The petitioner claims that a sum of

Rs.6.36 lakhs is due to it in connection

with Ext.P1 tender.

2. According to the petitioner,

pursuant to Ext.P1 notice inviting tender,

selection notice was issued to it awarding

the sale of two containers with vitrified

tiles. Petitioner submits that it was not

granted permission to take delivery of the

containers. Producing the proceedings of

2015 and 2016 and also the judgment Ext.P16,

petitioner submits that Ext.P17

representation was submitted before the

Chief Executive Officer of the 1st respondent

requesting refund of the amount, which

according to the petitioner is due from the

respondents.

WP(C).No.6121 OF 2021(M)

3. I heard Sri.K.P.Sudheer, the learned

Standing Counsel also.

As the learned counsel for the

petitioner submitted that petitioner would

be satisfied with a direction to the 1st

respondent to consider Ext.P17

representation, the writ petition is

disposed of with a direction to the 1st

respondent to consider and pass orders on

Ext.P17, after affording an opportunity of

hearing to petitioner, within a period of

two months from the date of receipt of a

copy of the judgment.

Sd/-

P.V.ASHA JUDGE WW WP(C).No.6121 OF 2021(M)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE TENDER DOCUMENT WITH TENDER NO.KSMDCL/CS/2015.

EXHIBIT P2 TRUE COPY OF THE LETTER NO.KSMDCL/COASTAL SHIPPING/2013 DATED 24.11.2015.

EXHIBIT P3 TRUE COPY OF THE TAX INVOICE NO.014 DATED 15.01.2016.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED 24.02.2016 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER NO.KSMDCL/ COASTALSHIPPING/2013 DATED 24.02.2016.

EXHIBIT P6 TRUE COPY OF THE LETTER NO.KSMDCL/ COASTALSHIPPING/2013, DATED 1.3.2016.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 17.03.2016.

EXHIBIT P8 TRUE COPY OF THE SAID LETTER DATED 18/3/2016.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 19.03.2016 ISSUED TO THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 19.03.2016 ISSUED TO THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE LETTER DATED 9.4.2016.

EXHIBIT P12 TRUE COPY OF THE MEMORANDUM OF WRIT PETITION IN W.P.(C).NO.28486/2014.

EXHIBIT P13 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 12.11.2014 FILED BY THE 1ST RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE ADDITIONAL COUNTER AFFIDAVIT DATED 7.3.2016, FILED BY THE 1ST RESPONDENT. WP(C).No.6121 OF 2021(M)

EXHIBIT P15 TRUE COPY OF THE IMPLEADING PETITION FILED BY THE PETITIONER IN W.P.(C) NO.28486/2014.

EXHIBIT P16 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.28486/2004.

EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED 11.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF EXECUTIVE OFFICER OF THE 1ST RESPONDENT.