Wave Electronics Private Limited vs Kerala Water Authority
2021 Latest Caselaw 21989 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021/12TH KARTHIKA, 1943
                     WP(C) NO. 17642 OF 2021
PETITIONER:

         WAVE ELECTRONICS PRIVATE LIMITED,
         10/278A, ALUMCHUVADU AQUEDUCT ROAD,
         NJARALLOOR, KIZHAKKAMBALAM P.O.,
         ERNAKULAM-683 562, REPRESENTED BY
         ITS MANAGING DIRECTOR, MR.P.I.CHACKO

         BY ADVS.
         M.GOPIKRISHNAN NAMBIAR
         K.JOHN MATHAI
         JOSON MANAVALAN
         KURYAN THOMAS
         PAULOSE C. ABRAHAM
         RAJA KANNAN
         NAYANPALLY RAMOLA
RESPONDENTS:

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

    2    THE EXECUTIVE ENGINEER,
         PUBLIC HEALTH DIVISION-KOLLAM,
         KERALA WATER AUTHORITY,
         KOLLAM-691 001.

    3    THE ASSISTANT EXECUTIVE ENGINEER,
         WS SUB DIVISION, SASTHAMCOTTA,
         KERALA WATER AUTHORITY,
         KOLLAM-690 521.

         BY ADV SRI.P.BENJAMIN PAUL, SC
         SRI.SAJI VARGHESE (APPEARS FOR WATER AUTHORITY)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.17642/2021

                                 2




                          JUDGMENT

Dated this the 3rd day of November, 2021

The petitioner a Private Limited Company having its

registered office at Ernakulam has filed this writ petition

seeking to direct the respondents to pay the undisputed

amounts raised in Exts.P6 and P7 invoices forthwith along

with compound interest computed at 16.20% p.m. from

12.03.2020 till the date of realisation in terms of the Micro,

Small and Medium Enterprises Development Act, 2006

(MSME Act).

2. The petitioner states that the petitioner is a small

scale unit and is one of Kerala's first technocrat and it is

engaged in the business of manufacturing and fitting of

electronic products, including switch boards, battery

chargers and energy management systems, among other

electronic products.

WP(C)No.17642/2021

3. The Kerala Water Authority invited tenders for

supply and fitting of certain frequency panel, VFD panel etc.

The petitioner's bid was accepted and the petitioner was

awarded the work. An agreement was executed and the

petitioner completed the work within the stipulated time.

Inspite of the satisfactory completion of the work, the bills

raised by the petitioner have not been honoured so far.

Therefore the petitioner is before this Court seeking

appropriate directions to the respondents to settle the bills.

4. The learned Standing Counsel appeared on

behalf of respondents 1 to 3 and submitted that the

petitioner has executed the work and their bills are also

received. However due to acute financial problems faced by

the Kerala Water Authority, they could not settle the bills

promptly. The learned Standing Counsel submitted that a

huge amount of money is outstanding and remains payable

to large number of Contractors. The Kerala Water Authority WP(C)No.17642/2021

is disbursing available funds to the Contractors stage by

stage. However, the Standing Counsel submitted that the

bills of the petitioner can be settled within a period of three

months.

In view of the specific submission made by the learned

Standing Counsel for the respondents, the writ petition is

disposed of directing the respondents to honour and settle

Exts.P6 and P7 invoices of the petitioner after deducting

statutory dues if any, within a period of three months.

Sd/-

N. NAGARESH JUDGE ncd/05.11.2021 WP(C)No.17642/2021

APPENDIX OF WP(C) 17642/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE DISTRICT INDUSTRIES ERNAKULAM DATED 11.09.2013 Exhibit P2 TRUE COPY OF THE UDYOG AADHAR MEMORANDUM DATED 29.11.2016 Exhibit P3 TRUE COPY OF THE UDYAM REGISTRATION CERTIFICATE DATED 04.12.2020 Exhibit P4 TRUE COPY OF THE LETTER OF AWARD BEARING NO.PHDN/KLM/DB4/2133(A)/2018 DATED 13.11.2019 ISSUED FOR SUPPLY AND FITTING OF 150HP VFD Exhibit P5 TRUE COPY OF THE LETTER OF AWARD BEARING NO.PHDN/KLM/DB4/2133 (B)/2018 DATED 13.11.2019 ISSUED FOR SUPPLY AND FITTING OF 250HP VFD Exhibit P6 TRUE COPY OF THE INVOICE BEARING NO.KZHM146/19-20 DATED 01.02.2020 FOR SUPPLY AND FITTINGS OF 150HP VFD Exhibit P7 TRUE COPY OF THE INVOICE BEARING NO.KZHM147/19-20 DATED 01.02.2020 FOR SUPPLY AND FITTINGS OF 250HP VFD Exhibit P8 TRUE COPY OF THE COMMISSIONING REPORT DATED 12.03.2020 COUNTER SIGNED BY THE ASSISTANT ENGINEER OF THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF THE LETTER BEARING NUMBER 2427/WE/21/K-846 DATED 09.06.2021 FOR PAYMENT OF 150 HP VFD Exhibit P10 TRUE COPY OF THE LETTER BEARING NUMBER 2428/WE/21/K-846 DATED 09.06.2021 FOR PAYMENT OF 150 HP VFD Exhibit P11 TRUE COPY OF THE EMAIL DATED 01.07.2021 SENT BY THE MANAGING DIRECTOR OF THE PETITIONER ON 05.07.2021 TO THE RESPONDENTS