Jain Builders vs Chief Engineer (Nw)
2024 Latest Caselaw 9672 Ker

Citation : 2024 Latest Caselaw 9672 Ker
Judgement Date : 4 April, 2024

Kerala High Court

Jain Builders vs Chief Engineer (Nw) on 4 April, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                        WP(C) NO. 1905 OF 2021
PETITIONER:

          JAIN BUILDERS
          216(C), SHIVA COLONY, MAYO LINK ROAD, AJMER-305007,
          REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR. PRAFUL
          JAIN, S/O SHRI SUBODH JAIN.

          BY ADVS.
          DEEPU THANKAN
          SMT.UMMUL FIDA
          SMT.LAKSHMI SREEDHAR


RESPONDENTS:

    1     CHIEF ENGINEER (NW)
          MILITARY ENGINEER SERVICE, SOUTHERN NAVAL COMMAND,
          NAVAL BASE P O, KOCHI-682004.
    2     GARRISON ENGINEER (P)
          MILITARY ENGINEER SERVICE, SOUTHERN NAVAL COMMAND,
          NAVAL BASE P O, KOCHI-682004.

          BY ADV N.S.DAYA SINDHU SHREE HARI
          SRI.V.GIREESH KUMAR, CGC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1905 OF 2021

                                    2

                             T.R. RAVI, J.
             --------------------------------------------
                     WP(C) No.1905 of 2021
                 --------------------------------------------
             Dated this the 04th day of April, 2024

                             JUDGMENT

The petitioner had completed certain works for the

respondents for which amounts are payable.

2. According to the petitioner, the petitioner is entitled

to enhancement of rates on account of increase in price of

materials and increase in the wages. The petitioner has

preferred Ext.P13 before the 2nd respondent based on Ext.P5,

which is a list of special conditions. According to the

petitioner Ext.P5 is applicable to the case of the petitioner.

In view of the limited prayer made, this writ petition is

disposed of directing the 2nd respondent to consider and pass

orders on Ext.P13 with due reference to Ext.P5, at the

earliest, at any rate within two months from the date of

receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 1905 OF 2021

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE NOTICE INVITING TENDER ISSUED BY THE FIRST RESPONDENT DATED 29.04.2017.

EXHIBIT P2 TRUE COPY OF THE LETTER OF ACCEPTANCE ISSUED BY THE FIRST RESPONDENT DATED 04.07.2017.

EXHIBIT P3               TRUE COPY OF THE WORK ORDER SHEET ISSUED
                         BY    THE    SECOND    RESPONDENT    DATED
                         14.07.2017.
EXHIBIT P4               TRUE COPY OF THE IAFW 2249 (GENERAL

CONDITIONS OF CONTRACTS) FOR LUMP SUM CONTRACT DATED NIL.

EXHIBIT P5 TRUE COPY OF THE ANNEXURE XI, XI(A) AND XIII OF APPENDIX X 8.1 OF MANUAL ON CONTRACTS, 2007 (REPRINT 2012) DATED NIL. EXHIBIT P6 TRUE COPY OF THE CONTRACTUAL AGREEMENT ENTERED BETWEEN THE PETITIONER AND THE FIRST RESPONDENT DATED NIL.

EXHIBIT P7 TRUE COPY OF THE KERALA EXTRAORDINARY GAZETTE NOTIFICATION DATED 17.06.2019. EXHIBIT P8 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 17.06.2019.

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION BY THE SECOND RESPONDENT DATED 24.06.2019. EXHIBIT P10 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 09.10.2019.

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION BY THE FIRST RESPONDENT DATED 08.11.2019. EXHIBIT P12 TRUE COPY OF THE LETTER OF THE FIRST RESPONDENT DATED 08.11.2020.

EXHIBIT P13 TRUE COPY OF THE RAR DATED 1/2/2021.