Kerala High Court
Reena Engineering And ... vs Kerala Water Authority on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
WA NO. 813 OF 2023
AGAINST JUDGMENT DATED 11.04.2023 IN WP(C) 10996/2023 OF THIS COURT
APPELLANT/PETITIONER:
REENA ENGINEERING AND CONTRACTORS PVT. LTD., MT-89-S, HIGHWAY
ARCADE, THANA, KANNUR-670002. REPRESENTED BY ITS MANAGING DIRECTOR.
BY SENIOR ADVOCATE SRI. GEORGE POONTHOTTAM
AND ADVS.M/S. NISHA GEORGE & N.ANAND
RESPONDENTS/RESPONDENTS:
1. KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM.P.O.,
THIRUVANANTHAPURAM-695033. REPRESENTED BY ITS MANAGING DIRECTOR.
2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN,
VELLAYAMBALAM.P.O., THIRUVANANTHAPURAM- 695033.
3. THE CHIEF ENGINEER, KERALA WATER AUTHORITY, P H CIRCLE,
MALAPARAMBA.P.O, KOZHIKODE DISTRICT - 673009.
4. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H. CIRCLE,
MALAPARAMBA.P.O., KOZHIKODE - 673009.
5. M/S. MIDLAND ENGINEERING AND CONTRACTING COMPANY, VARIKKODAN
BUILDING, VALIYAVARAMBU ROAD, DOWN HILL.(PO), MALAPPURAM- 676519,
REPRESENTED BY ITS MANAGING PARTNER.
6. JOSEPH JOHN, MONIPILLIL HOUSE, AVOLI.P.O., ANICADU, MUVATTUPUZHA,
ERNAKULAM DISTRICT - 686661.
BY ADV.SRI.P.M.JOHNY FOR R1 TO R4
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation of the judgment dated 11.04.2023 passed by the
Learned single Judge in W.P.(C) No.10996 of 2023, and any further steps
following the work order issued on 27.03.2023, pending disposal of this
Writ Appeal.
This Writ Appeal coming on for orders along with connected case on
13/04/2023 upon perusing the appeal memorandum, the court on the same day
passed the following:
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
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W.A.Nos.811 & 813 of 2023
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Dated this the 13th day of April, 2023
ORDER
A. Muhamed Mustaque, J.
The appellant in this matter found not
qualified on technical evaluation. That is under
challenge in the writ petition before the learned
Single Judge. The appellant at the same time also
pointed out that, the awardee - M/s Midland
Engineering is also have no experience.
Admittedly, M/s Midland Engineering claims
experience based on a work executed on behalf of
Water Authority at Ponnani. Admittedly, that work
was awarded to one Sri.Shahul Hameed.V. As per
the committee evaluation, it is seen that, Joint
venture agreement has been entered between
Sri.Shahul Hameed.V. and awardee M/s. Midland
W.A.Nos.811 & 813 of 2023
Engineering along with other two companies. As
seen from the observation of the committee, they
agreed to make contribution to joint venture. It
is not clear what extent of the work done by each
of the entity in the joint venture. Though,
observation has been made, joint venture agreement
has been approved by the Water Authority, but,
nothing is available on record.
2. On the other hand, the learned counsel for
the appellant pointed out that, the joint venture
agreement has been cancelled by the Managing
Director of Kerala Water Authority and also refers
to the letter of Managing Director dated
28.03.2018 to the effect that the joint venture
partner cannot claim experience of the whole work.
The experience is a decisive in the matter as it
is related works contract by showing actual
execution of the work.
3. It is now submitted at the Bar by the
W.A.Nos.811 & 813 of 2023
learned Senior counsel appearing for the appellant
that difference in financial bid is more than one
hundred crores and the appellant is the lowest
bidder. We are not on that aspect now. The
learned standing counsel, Water Authority shall
place before this Court whether the joint venture
agreement has been approved by the Water Authority
and also make available a copy of the Joint
venture agreement. The learned standing counsel
also shall state on what extent the work executed
by the awardee M/s Midland Engineering can be
reflected in respect of actual execution of the
work based on the joint venture agreement. It is
submitted that the work order has been issued and
the work has been commenced. We note that The
learned Single Judge passed the impugned judgment
only on 11.04.2023. The awardee is restrained
from all further proceedings till the next posting
date.
W.A.Nos.811 & 813 of 2023
Post on 20.04.2023.
Sd/-
A. MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
TR
13-04-2023 /True Copy/ Assistant Registrar
