Kerala Infrastructure ... vs Tbas - Ekk Consortium
2023 Latest Caselaw 1722 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                        R.P. NO.1012 OF 2022
AGAINST THE JUDGMENT IN W.P.(C) NO.10484/2022 OF HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENT NO.2:

           KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB),
           REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
           2ND FLOOR, FELICITY SQUARE, STATUE JUNCTION,
           THIRUVANANTHAPURAM-695 001.

           BY ADV. S. CHANDRASEKHARAN NAIR



RESPONDENTS/PETITIONER/RESPONDENT NO.1:

     1     TBAS - EKK CONSRTIUM,
           KIZHAKKEDATH BUILDING NO.VI/617D, EDATHALA P.O.,
           KUNJATTUKARA, ALUVA, ERNAKULAM,-683 561,
           REPRESENTED BY TBAS CONSTRUCTION (LEAD MEMBER)
           KIZHAKKEDATH BUILDING NO.VI/617D , EDATHALA P.O.,
           KUNJATTUKARA, ALUVA, ERNAKULAM,-683 561
           THROUGH ITS PROPRIETOR.

     2     KERALA IRRIGATION INFRASTRUCTURE DEVELOPMENT CORPORATION,
           TC 84/3, NH 66 BYEPASS SERVICE ROAD, NEAR EANCHAKKAL JN.,
           CHAKKAI P.O., THIRUVANANTHAPURAM-695 024
           REPRESENTED BY ITS MANAGING DIRECTOR

    R1     ADV. P. SHANES METHAR

           ADV. PIRAPPANCODE V.S. SUDHEER
    R2
           ADV. AKASH S.(K/980/2008)

     THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 01.02.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                   -2-
R.P. NO.1012 OF 2022


                            JUDGMENT

Dated this the 1st February, 2023

Although various contentions are raised by the

learned Standing Counsel for the KIIFB regarding the

impossibility of complying with this Court's direction, the

Special Purpose Vehicle (SPV) having acted in

contravention of the agreement and the standing orders,

that is no reason for reviewing the judgment. In the

judgment, it is made clear that the SPV is to disburse the

amount, subject to the same being sanctioned and

disbursed by the KIIFB. Therefore, it is for the KIIFB to

decide as to whether the amount is to be sanctioned and

disbursed.

The review petition is hence closed as unnecessary.

Sd/-

V.G. ARUN JUDGE bpr

R.P. NO.1012 OF 2022

APPENDIX OF RP 1012/2022

PETITIONER'S ANNEXURES

ANNEXURE A1 A TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WP(C) NO.10484 OF 2022 DATED 7.4.2022.

ANNEXURE A2 A TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.10484 OF 2022 DATED 20.6.2022.

ANNEXURE A3 A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN IA NO.1 OF 2022 IN WP(C) NO.10484 DATED 26.7.2022.

ANNEXURE A4 A TRUE COPY OF PROCEEDINGS IN ORDER NO.WRD022-04/APR-6/2019/KIIFB DATED 7.9.2019.

ANNEXURE A5 A TRUE COPY OF LETTER ISSUED BY MANAGING DIRECTOR, KERALA IRRIGATION INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED TO 1ST RESPONDENT.

ANNEXURE A6 A TRUE COPY OF CONTRACT AGREEMENT EXECUTED BETWEEN M/S.TBAS CONSTRUCTIONS AND M/S.EKK INFRASTRUCTURE PVT. LTD. WITH 1ST RESPONDENT.

ANNEXURE A7 A TRUE COPY OF ACKNOWLEDGMENT FORM FOR HANDING OVER THE SITE TO THE CONTRACTOR.

ANNEXURE A8 AN EXTRACT OF GENERAL CONDITIONS OF CONTRACT.

ANNEXURE A9 A TRUE COPY OF G.O.(MS)NO.69/2018/FIN DATED 24.2.2018 ISSUED BY FINANCE (INFRASTRUCTURE) DEPARTMENT.

ANNEXURE A10 A TRUE COPY OF PROCEEDINGS OF THE CEO, KIIFB AS ORDER NO.CPE/2421/2018/KIIFB DATED 15.11.2019.

R.P. NO.1012 OF 2022

ANNEXURE A11 AN EXTRACT OF GENERAL CONDITIONS OF CONTRACT.

ANNEXURE A12 A TRUE COPY OF DETAILED ESTIMATE OF CONSTRUCTION OF REGULATOR CUM BRIDGE U/S OF PERINCHERI KADAVU ACROSS KUTTIADY RIVER.

ANNEXURE A13 TRUE COPY OF TRIPARTITE AGREEMENT ENTERED BETWEEN REVIEW PETITIONER, 1ST AND 2ND RESPONDENT.

ANNEXURE A14 AN ABSRTRACT OF GENERAL CONDITIONS OF CONTRACT SPECIFYING CLAUSE 21.

ANNEXURE A15 TRUE COPY OF GO (RT) NO.2686/2020/FIN DATED 06.04.2020 ISSUED BY FINANCE (INFRASTRUCTURE) DEPARTMENT.

ANNEXURE A16 TRUE COPY OF CLAUSE 1.5 OF PART I INSTRUCTION TO THE BIDDER IN NIT.

ANNEXURE A17 AN ABSTRACT OF GENERAL CONDITIONS OF CONTRACT SPECIFYING CLAUSE 5.2 OF GCC.

ANNEXURE A18 AN ABSTRACT OF GENERAL CONDITIONS OF CONTRACT SPECIFYING CLAUSE 39 OF GCC.

ANNEXURE A19 AN ABSTRACT OF GENERAL CONDITION OF CONTRACT SPECIFYING CLAUSE 12.

ANNEXURE A20 A TRUE COPY OF CONTRACTORS RISK INSURANCE POLICY.

RESPONDENTS' ANNEXURES

ANNEXURE R1(A) TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE JOINT FUND MANAGER OF THE REVIEW PETITIONER IN W.P.(C) NO. 10484/2022.

ANNEXURE R1(B) TRUE COPY OF THE AGREEMENT NO.216/KIIDC/2021 DATED 07/09/2020 IN RESPECT OF THE SUBJECT WORK.

R.P. NO.1012 OF 2022

ANNEXURE R1(C) TRUE COPY OF THE SUPPLEMENTAL AGREEMENT NO.1 TO ANNEXURE R1(B) DATED 02.11.2021.

ANNEXURE R1(D) TRUE COPY OF THE SITE ORDER BOOK.

ANNEXURE R1(E) TRUE COPY OF THE APPROVED REVISED ESTIMATE.

ANNEXURE R1(F) TRUE COPY OF THE CERTIFIED CC 1ST AND PART BILL OF THE WORK DATED 07.01.2022.

ANNEXURE R1(G) TRUE COPY OF THE CERTIFIED CC 2ND AND PART OF THE WORK (RECORDED AT PAGE 27 TO 65 OF MB NO.873/MB/KIIDC/2021-22) DATED 14.02.2022.

ANNEXURE R1(H) TRUE COPY OF THE LETTER/ORDER OF THE CHAIRMAN, DISTRICT DISASTER MANAGEMENT AUTHORITY/DISTRICT COLLECTOR, KOZHIKODE TO DISMANTLE AND REMOVE ALL THE TEMPORARY CONSTRUCTIONS IN THE RIVER DATED 16.06.2021.

ANNEXURE R1(I) TRUE COPY OF THE LETTER ISSUED BY KIDC, TO DISMANTLE AND REMOVE ALL THE TEMPORARY CONSTRUCTIONS IN THE RIVER DATED 21.06.2021.