M/S Aiswaria Advertisement Industries vs Pratheeksha Bus Shelters Kerala Ltd
2024 Latest Caselaw 15298 Ker

Kerala High Court

M/S Aiswaria Advertisement Industries vs Pratheeksha Bus Shelters Kerala Ltd on 5 June, 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
      WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                           WP(C) NO. 18188 OF 2024
PETITIONER:

              M/S AISWARIA ADVERTISEMENT INDUSTRIES
              2ND FLOOR,CAMREL BUILDING,BANERJI ROAD, ERNAKULAM
              REP BY ITS MANAGING DIRECTOR K VIJAYA KUMAR,
              PIN - 682018.

              BY ADVS.
              SADCHITH.P.KURUP
              C.P.ANIL RAJ
              SIVA SURESH
              B.SREEDEVI
              ATHIRA VIJAYAN


RESPONDENT:

              PRATHEEKSHA BUS SHELTERS KERALA LTD
              PWD OLD TORE BUILDING,PMG VIKAS BHAVAN, TRIVANDRUM
              REP BY ITS MANAGING DIRECTOR, PIN - 695033.


              SRI. K. V. MANOJ KUMAR, SC.


     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18188 OF 2024

                                       2

                            T.R. RAVI, J.
                     --------------------------------------
                     WP(C) No.18188 of 2024
                 ----------------------------------------------------
                Dated this the 05th day of June, 2024

                               JUDGMENT

When the case is taken up, it is submitted by the counsel

appearing for the respondent that the contract between the

petitioner and the respondent had been terminated as early as

on 23.04.2022 and interim order has been issued staying

further proceedings pursuant to Ext.P16 without noticing the

above fact. The interim direction in so far as it relates to stay

of further proceedings pursuant to Ext.P16 is withdrawn. The

petitioner has preferred Ext.P17 pointing out their grievances.

The writ petition is hence disposed of directing the

respondent to consider and pass orders on Ext.P17 after

hearing the petitioner at the earliest, at any rate, within one

month from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 18188 OF 2024

APPENDIX OF WP(C) 18188/2024

PETITIONER' EXHIBITS

Exhibit P1 A TRUE COPY OF THE AGREEMENT DATED 16/9/2015.

Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 4.11.2020 GIVEN BY THE PETITIONER TO THE RESPONDENT.

Exhibit P3 A TRUE COPY OF THE NOTICE DATED 29.10.2021 GIVEN BY THE RESPONDENT TO THE PETITIONER. Exhibit P4 A TRUE COPY OF THE REPLY DATED 8.11.2021 GIVEN BY THE PETITIONER TO THE RESPONDENT. Exhibit P5 A TRUE COPY OF THE NOTICE DATED 26.11.2021 GIVEN BY THE RESPONDENT TO THE PETITIONER. Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 18.12.2021 GIVEN BY THE PETITIONER TO THE RESPONDENT.

Exhibit P7 A TRUE COPY OF THE NOTICES DATED 10.01.2022 GIVEN BY THE RESPONDENT TO THE PETITIONER. Exhibit P8 A TRUE COPY OF THE NOTICES DATED 26/3/2022 GIVEN BY THE RESPONDENT TO THE PETITIONER. Exhibit P9 A TRUE COPY OF THE REPRESENTATION DATED 25.08.2022 GIVEN BY THE PETITIONER TO THE RESPONDENT.

Exhibit P10 A TRUE COPY OF THE REPRESENTATION DATED 10/11/2022 GIVEN BY THE PETITIONER TO THE RESPONDENT.

Exhibit P11 A TRUE COPY OF THE REPRESENTATION DATED 22.11.2022 GIVEN BY THE PETITIONER TO THE RESPONDENT.

Exhibit P12 A TRUE COPY OF THE NOTICE DATED 11.03.2024 GIVEN BY THE RESPONDENT TO THE PETITIONER. Exhibit P13 A TRUE COPY OF THE NOTICE DATED 6.04.2024 GIVEN BY THE PETITIONER TO THE RESPONDENT. Exhibit P14 A TRUE COPY OF THE PAYMENT VOUCHER DATED 19/4/2024.

Exhibit P15 A TRUE COPY OF THE CHEQUE DATED 19/4/2024 NO.938158 ISSUED TO THE RESPONDENT Exhibit P16 A TRUE COPY OF THE NOTICE DATED 6.05.2024 RESPONDENT TO THE PETITIONER.

Exhibit P17 A TRUE COPY OF THE REPRESENTATION DATED 9/5/24 GIVEN BY THE PETITIONER TO THE RESPONDENT.