M/S. S & C Multi Commercials Pvt. ... vs The Transformers And Electricals ...
2023 Latest Caselaw 7165 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
           FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                         W.P.(C) NO.20565 OF 2023
PETITIONER:

              M/S. S & C MULTI COMMERCIALS PVT. LTD.,
              GROUND FLOOR, SSK ENCLAVE, DEEVAR ROAD,
              THEVARA JUNCTION, PERUMANOOR P.O., KOCHI, PIN-682 015
              REPRESENTED BY ITS MANAGING DIRECTOR, CHITHRA SUKUMARAN,
              W/O.SUKUMARAN NAIR, AGED 54 YEARS,
              SREELAKAM, T.B. ROAD, PERUMBAVOOR, ERNKAULAM DISTRICT.

              BY ADVS.
              BABU S. NAIR
              SMITHA BABU


RESPONDENTS:

     1        THE TRANSFORMERS AND ELECTRICALS KERALA LIMITED,
              ANGAMALY SOUTH P.O., ERNAKULAM DISTRICT, PIN-683 573,
              REPRESENTED BY ITS MANAGING DIRECTOR

     2        THE GENERAL MANAGER,
              TRANSFORMERS AND ELECTRICALS KERALA LIMITED,
              ANGAMALY SOUTH P.O., ERNAKULAM DISTRICT, PIN-683 573.

   R1&R2      SRI.SAJI VARGHESE, STANDING COUNSEL, TELK

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                             -2-
W.P.(C) NO.20565 OF 2023


                      P.V. KUNHIKRISHNAN, J.
               -------------------------------------------
                     W.P.(C) No.20565 of 2023
               -------------------------------------------
               Dated this the 23rd day of June, 2023

                                  JUDGMENT

The above writ petition is filed with the following prayers:-

i) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents to pay the amounts due to the petitioner towards the value of the works undertaken, the retention amount and the security deposit, as reflected in Exhibits P3, P4 and P5, to the petitioner, forthwith without any further delay;

ii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

2. When this writ petition came up for consideration, the

Counsel for the petitioner submitted that narrating the grievance

raised in this writ petition, the petitioner submitted Exts.P3, P4

and P5 before the respondents. The same is not considered by

them is the grievance.

3. Heard the Standing Counsel appearing for the

respondents also.

W.P.(C) NO.20565 OF 2023

4. After hearing both sides, I am of the considered opinion

that the matter has to be looked into by the competent authority

among the respondents within a time frame.

Therefore, this writ petition is disposed of with the following

directions:

i) The competent authority among the respondents will consider Exts.P3, P4 and P5 and pass appropriate orders in it, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of this judgment.

ii) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the respondents for compliance.

Sd/-

P.V. KUNHIKRISHNAN JUDGE bpr

W.P.(C) NO.20565 OF 2023

APPENDIX OF WP(C) 20565/2023

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE MINISTRY OF MICRO SMALL AND MEDIUM ENTERPRISES, GOVERNMENT OF INDIA DATED, 6-9-2021.

Exhibit P2 A TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 1ST RESPONDENT AS NO.C&M/118/2020 DATED, 3-3-2020.

Exhibit P3 A TRUE COPY OF THE FINAL BILL SUBMITTED BY THE PETITIONER DATED, 14-10-2022.

Exhibit P4 A TRUE COPY OF THE E-MAIL COMMUNICATION ISSUED BY THE PETITIONER DEMANDING THE RELEASE OF RETENTION AMOUNT DATED, 18-4-2023.

Exhibit P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER THROUGH E-MAIL DATED, 6-6-2023.