Sonet Enterprises vs Kerala Small Industries ...
2022 Latest Caselaw 1508 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 3RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943
                          WP(C) NO. 3952 OF 2021
PETITIONER/S:

              SG BIO MEDICALS
              31, MCC COMPLEX, RMC YARD, SHESHADRI IYER ROAD, OPP.
              VIDHYA VARDHAKA COLLEGE, MYSORE, PIN-570 021, KARNATAKA
              STATE, REPRESENTED BY ITS PARTNER N. GOPAKUMAR.
              BY ADV K.K.SATHISH


RESPONDENT/S:

     1        KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD.
              (SIDCO)
              HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-
              695 001, REPRESENTED BY ITS MANAGING DIRECTOR.
     2        THE MANAGER,
              SIDCO MARKETING CELL, WOOD WORKSHOP BUILDING, PUTHIYARA
              ROAD, KOZHIKODE-673 004
              BY ADV BIJU G., SC, SIDCO


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2022, ALONG WITH WP(C).14234/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                        2

WP(C) NO. 3952   & 14234 of 2021




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 3RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943
                         WP(C) NO. 14234 OF 2021
PETITIONER/S:

             SONET ENTERPRISES
             MAIN ROAD, KALPETTA, REPRESENTED BY ITS PROPRIETOR
             P.B.KURIAKOSE.
             BY ADV K.K.SATHISH


RESPONDENT/S:

     1       KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION
             LTD(SIDCO)
             HOUSING BOARD BUILDING, SANTHI NAGAR,
             THIRUVANANTHAPURAM - 695 001 REPRESENTED BY ITS
             MANAGING DIRECTOR.
     2       THE MANAGER
             SIDCO MARKETING CELL, WOOD WORKSHOP BUILDING,
             PUTHIYARA ROAD, KOZHIKODE - 673004.
             BY ADV BIJU G., SC, SIDCO


      THIS       WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 03.02.2022, ALONG WITH WP(C).3952/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                       3

WP(C) NO. 3952   & 14234 of 2021




                         JUDGMENT

[WP(C) Nos.3952/2021, 14234/2021]

Dated this the 3rd day of February, 2022

The petitioners in these writ petitions have approached

this Court seeking to compel the 1st respondent-SIDCO Ltd. to

disburse the amount due to the petitioner on the basis of

letters issued by the 2nd respondent- Manager of the SIDCO

Marketing Cell.

2. The petitioners submit that pursuant to e-tenders for

supply of Hearing Aids and Orthopaedic Aids under the

Sarvasiksha Abhiyan, the petitioners supplied certain materials

to the respondents. Inspite of supply of the materials, the

respondents have not paid the Bill amounts nor have returned

the Security Deposits. It is in such circumstances, that the

petitioners are before this Court.

3. The respondents filed statement in both the writ

petitions. In W.P.(C)No. 3952 of 2021, the respondents

WP(C) NO. 3952 & 14234 of 2021

submitted that as per the books of accounts maintained in

SIDCO Marketing Cell, an amount of Rs.12,02,095.96 is due to

the petitioner. As far as the petitioner in W.P.(C)No.14234 is

concerned, an amount of Rs.3,92,466.31 is due. The learned

Standing Counsel for the respondents submitted that in view of

the Covid-19 pandemic and such events, the SIDCO is running

at a loss and they are not in a position to honour the Bill

submitted by all the contractors in one go.

4. I have heard the learned counsel for the petitioners

and the learned Standing Counsel for the respondents.

5. The fact that the petitioners have supplied materials

in pursuance of the agreements entered into with the

respondents, is not in dispute. There is no dispute regarding

the quality of the material supplied by the petitioners also. In

the circumstances, this Court is of the view that eventhough

the SIDCO has financial difficulties, the payments due to the

petitioners for the materials supplied, cannot be indefinitely

delayed.

WP(C) NO. 3952 & 14234 of 2021

In the circumstances, these writ petitions are disposed of

directing respondents 1 and 2 to pay the balance amount found

due to the petitioners, within a period of two months.

Sd/-

N.NAGARESH JUDGE hmh

WP(C) NO. 3952 & 14234 of 2021

APPENDIX OF WP(C) 14234/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 7/3/2017 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THAT REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 25/2/2021.

WP(C) NO. 3952 & 14234 of 2021

APPENDIX OF WP(C) 3952/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 8.1.2018.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED ON BEHALF OF THE PETITIONER TO THE 1ST RESPONDENT DATED 18.12.2019. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 27.10.2020 ALONGWITH THE STATEMENT OF PAYMENTS TO BE RECEIVED FROM THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 27.10.2020.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 9.12.2020 TO THE 2ND RESPONDENT.