M/S. Payoda Technologies Private ... vs Lakshadweep Building ...
2021 Latest Caselaw 9610 Ker

WP(C).No.5458 OF 2021(F)          1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                       WP(C).No.5458 OF 2021(F)

PETITIONER/S:

                M/S. PAYODA TECHNOLOGIES PRIVATE LIMITED,
                NO. 120/2, NORTH BLOCK, 1ST FLOOR, ELCOSEZ, TIDEL
                PARK, COIMBATORE-641014, REPRESENTED BY ITS
                DIRECTOR, PRAVIN RANGANATHAN, S/O. V.RANGANATHAN
                RESIDING AT 1-HINDUSTAN AVENUE, KAMADENU NAGAR,
                AVARAMPALAYAM, COIMBATORE -641 006


                BY ADVS.
                SRI.DINESH MATHEW J.MURICKEN
                ABHILASH.K.A
                SRI.N.R.SANGEETHARAJ
                SRI.VINOD S. PILLAI
                SMT.SREELAKSHMI R.
                MOHAMMED THAYIB N.M
                NAYANA VARGHESE

RESPONDENT/S:

      1         LAKSHADWEEP BUILDING DEVELOPMENT BOARD,
                SHANTHI PATH, ADJACENT GOVERNMENT GUEST HOUSE,
                KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP,
                PIN-682555, REPRESENTED BY ITS CHAIRMAN.

      2         THE CHAIRMAN,
                LAKSHADWEEP BUILDING DEVELOPMENT BOARD, SHANTHI
                PATH, ADJACENT GOVERNMENT GUEST HOUSE, KAVARATTI
                ISLAND, UNION TERRITORY OF LAKSHADWEEP, PIN-682555.

      3         THE SECRETARY,
                LAKSHADWEEP BUILDING DEVELOPMENT BOARD, SHANTHI
                PATH, ADJACENT GOVERNMENT GUEST HOUSE, KAVARATTI
                ISLAND, UNION TERRITORY OF LAKSHADWEEP, PIN-682555.

      4         THE UNION TERRITORY OF LAKSHADWEEP,
                REPRESENTED BY THE ADMINISTRATOR, KAVARATTI ISLAND,
                UNION TERRITORY OF LAKSHADWEEP-682555.


OTHER PRESENT:
 WP(C).No.5458 OF 2021(F)       2


             SRI.S.MANU, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5458 OF 2021(F)                      3



                                         JUDGMENT

Dated this the 23rd day of March 2021

This Writ Petition is filed aggrieved by Ext.P38 letter of

the 1st respondent informing the petitioner that they would go

ahead with blacklisting process and will recover the loss

sustained by the 1st respondent from the petitioner. The

petitioner points out that this Court had as per Ext.P34

judgment dated 04.09.2019 in WP(C) NO.23484 of 2019 directed the

Chairman of the 1st respondent to finalise the issue in respect

of the notice issued to the petitioner regarding blacklisting

after affording an opportunity of hearing to the petitioner. It

is stated that even though respondents had heard the petitioner

on 04.11.2019, it was adjourned and no final order was passed as

directed in the judgment-Ext.P34. The petitioner had in the

meanwhile submitted Ext.P6 representation.

2. The learned counsel for the petitioner as well as the

learned Standing Counsel Sri.S.Manu submit that 2nd hearing has

been scheduled on 09.04.2021.

Therefore, the Writ Petition is disposed of, with a

direction to the 1st respondent to pass orders as already

directed in Ext.P34 judgment within a period of two months from

the date of hearing.

Sd/-

                                                                P.V.ASHA

rkc                                                               JUDGE



                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE REQUEST FOR PROPOSAL DATED
                     12/05/2012.

EXHIBIT P2           TRUE COPY OF THE    NOTIFICATION OF   AWARD
                     ISSUED FROM THE     1ST RESPONDENT    DATED
                     11/09/2012.

EXHIBIT P3           TRUE COPY OF THE MASTER SERVICE AGREEMENT

EXECUTED BY THE PETITIONER AND THE 1ST RESPONDENT DATED 20/09/2012.

EXHIBIT P3(A) TRUE COPY OF THE NON-DISCLOSURE AGREEMENT EXECUTED BY THE PETITIONER AND THE 1ST RESPONDENT DATED 20/09/2012.

EXHIBIT P3(B) TRUE COPY OF THE SERVICE LEVEL AGREEMENT EXECUTED BY THE PETITIONER AND THE 1ST RESPONDENT DATED 20/09/2012.

EXHIBIT P4 TRUE COPY OF THE INVOICE FOR PHASE I SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 01/02/2013.

EXHIBIT P5 TRUE COPY OF THE INVOICE FOR PHASE II SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 07/02/2013.

EXHIBIT P6 TRUE COPY OF THE INVOICE FOR PHASE III SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 11/03/2013.

EXHIBIT P7 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 19/06/2013.

EXHIBIT P8 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 22/07/2013.

EXHIBIT P9 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 03/08/2013.

EXHIBIT P10 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 28/08/2013.

EXHIBIT P11 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 24/09/2013.

EXHIBIT P12 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 18/10/2013.

EXHIBIT P13 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT APPOINTING SAKKEER HUSSAIN DATED 18/10/2013.

EXHIBIT P14 TRUE COPY OF THE SECURITY AUDITING REPORT PHASE III.

EXHIBIT P15 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 13/12/2013.

EXHIBIT P16 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 16/12/2013.

EXHIBIT P17 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 31/12/2013.

EXHIBIT P18 TRUE COPY OF THE REPLY TO EXHIBIT P17 LETTER ISSUED BY THE PETITIONER DATED 13/01/2014.

EXHIBIT P19 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 18/03/2014.

EXHIBIT P20 TRUE COPY OF THE INVOICE FOR PHASE IV SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25/06/2014.

EXHIBIT P21 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 28/10/2014.

EXHIBIT P22 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 02/02/2015.

EXHIBIT P23 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 04/02/2015.

EXHIBIT P24 TRUE COPY OF THE LETTER DATED 06/03/2015 AND THE PROPOSAL FOR MAINTENANCE CONTRACT.

EXHIBIT P25 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED

15/07/2015.

EXHIBIT P26          TRUE COPY OF THE LETTER DATED 14/08/2015
                     FIXING    DATE  AND   TIME   FOR   VIDEO
                     CONFERENCING.

EXHIBIT P27          TRUE COPY OF THE LEGAL NOTICE ISSUED BY THE

1ST RESPONDENT THROUGH ITS COUNSEL DATED 29/12/2015.

EXHIBIT P28 TRUE COPY OF THE REPLY TO LEGAL NOTICE ISSUED BY THE PETITIONER DATED 13/01/2016.

EXHIBIT P29 TRUE COPY OF THE E-MAIL SENT BY THE PETITIONER DATED 12/01/2016.

EXHIBIT P30 TRUE COPY OF THE LETTER SENT BY THE PETITIONER DATED 19/02/2016.

EXHIBIT P31 TRUE COPY OF THE LEGAL NOTICE ISSUED BY THE 1ST RESPONDENT THROUGH ITS COUNSEL DATED 13/11/2018.

EXHIBIT P32 TRUE COPY OF REPLY TO LEGAL NOTICE SENT BY THE PETITIONER DATED 06/12/2018.

EXHIBIT P33 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 23/07/2019.

EXHIBIT P34 TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WPC NO.23484/2019 DATED 04/09/2019.

EXHIBIT P35 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.26358/2019 DATED 09/10/2019.

EXHIBIT P36 TRUE COPY OF THE WRITTEN REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY OF 1ST RESPONDENT DATED 04/11/2019.

EXHIBIT P37 TRUE COPY OF THE PROCEEDINGS OF HEARING OF 1ST RESPONDENT DATED 04/11/2019.

EXHIBIT P38 TRUE COPY OF THE REPLY TO EXHIBIT P35 REPRESENTATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 13/10/2020.

EXHIBIT P39 TRUE COPY OF THE REPRESENTATION SUBMITTED IN REPLY TO EXHIBIT P37 LETTER SENT BY THE 1ST RESPONDENT DATED 12/01/2021.