Kerala High Court
M/S. Standard Electricals vs Kerala Water Authority on 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 9TH DAY OF NOVEMBER 2021/18TH KARTHIKA, 1943
WP(C) NO. 16939 OF 2021
PETITIONER:
M/S. STANDARD ELECTRICALS,
SNDP JUNCTION, MUVATTUPUZHA,
REPRESENTED BY ITS PROPRIETOR,
GEORGE MATHEW, AGED 65 YEARS,
S/O. MATHEW, MUDIYIL HOUSE,
ARAKUZHA P.O., MUVATTUPUZHA-686 672.
BY ADVS.
JOBY JACOB PULICKEKUDY
ANIL GEORGE
DAJISH JOHN
HARIKRISHNAN P.
RESPONDENTS:
1 KERALA WATER AUTHORITY,
REPRESENTED BY THE MANAGING DIRECTOR,
JALABHAVAN, THIRUVANANTHAPURAM-695 033.
2 THE EXECUTIVE ENGINEER,
KERALA WATER AUTHORITY,
P.H. DIVISION, PATHANAMTHITTA 689 101.
3 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER,
KERALA WATER AUTHORITY, JALABHAVAN,
THIRUVANANTHAPURAM-695 033.
BY ADV P.BENJAMIN PAUL, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.16939/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 9th day of November, 2021
The petitioner, who is a Contractor frequently
engaged by the Kerala Water Authority, is before this Court
seeking to direct the respondents to release the Contractor's
Claim first and final bills as per Ext.P2.
2. The petitioner undertook the work of State Plan
2019-20-RWSS to Premadom Supply, erection and
commissioning of brand new Centrifugal pump set at
Premadom booster Pump house. The petitioner entered into
an agreement with the 1st respondent. The work was
completed in 2020. The petitioner submitted first and final
Contractor's claim bills as per Ext.P2. The respondents have
not cared to settle the bill so far.
3. The learned counsel for the petitioner urged that
the petitioner has undertaken the work, borrowing money from
WP(C) No.16939/2021
various sources on payment of interest and the delay in
paying the bills is adversely affecting the petitioner. The
petitioner is paying huge amounts as interest towards the
borrowed amount. Unless a direction is given to the
respondents, the petitioner will be put to untold hardship and
loss.
4. The learned Standing Counsel appeared on behalf
of the respondents and submitted that payment of bills raised
by various contractors engaged by the Kerala Water Authority
is made on the basis of seniority of the claim. The Kerala
Water Authority has some financial problem and is not in a
position to make payment to all contractors together. The
petitioner's bills will be taken up on the basis of seniority and
payment will be made to the satisfaction of the petitioner,
contended the learned Standing Counsel.
5. Heard the learned counsel for the petitioner and the
learned Standing Counsel for the respondents.
6. The petitioner had entered into an agreement in the
year 2019. The work was completed in the year 2020. No
WP(C) No.16939/2021
grievance is raised by the respondents in respect of the work
of the petitioner. The petitioner has submitted Ext.P2 bills
which, according to the petitioner, were submitted in the year
2020. The amount payable under Ext.P2 is only ₹9,50,619/-.
When the petitioner has completed the work to the satisfaction
of the respondents, the respondents will not be justified in
delaying the payment of bills for an indefinite period.
In such circumstances, the writ petition is disposed
of directing the respondents to settle Ext.P2 bills preferred by
the petitioner within a period of three months.
Sd/-
N. NAGARESH, JUDGE
aks/09.11.2021
WP(C) No.16939/2021
APPENDIX OF WP(C) 16939/2021
PETITIONER'S EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF AGREEMENT NO. 101/19-
20/EE/PH/PTA SIGNED BY THE 2ND
RESPONDENT AND THE PETITIONER DATED
12/11/2019.
Exhibit P2 THE TRUE PHOTOCOPY OF THE CB3 VOUCHER
TOWARD THE FIRST AND FINAL BILL ISSUED
BY THE 2ND RESPONDENT ON BEHALF OF THE
1ST RESPONDENT.
ncd
