Court disposed review petition filed on misunderstanding regarding payment direction, authorizing petitioner to proceed per contract terms and reject claim if work incomplete.
Petitioner authorised to proceed per contract and issue order rejecting claim if work incomplete.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
THURSDAY, THE 6TH SEPTEMBER 2007 / 15TH BHADRA 1929
RP.No. 667 of 2006(A) --------------------AGAINST THE JUDGEMENT/ORDER IN WPC.9877/2006 Dated 15/06/2006 ....................
REVIEW PETITIONER/RESPONDENT ---------------------------------------------
STATE CO-OPERATIVE UNION, KERALA REPRESENTED BY THE SECRETARY/ADDL.REGISTRAR OF CO-OPERATIVE SOCIETIES, SAMSTHANA SAHAKARANA BHAVAN, CHNKLCHOOLA, TRIVANDRUM.
SRI.T.R.HARIKUMAR
RESPONDENTS: PETITIONER
SASIDHARAN M.C., SREESHYLAM, P.O.KOOTHUPARAMBA, KANNUR DISTRICT.
BY ADV. SRI.B.RAGUNATHAN
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 06/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
C.N.RAMACHANDRAN NAIR,J.
R.P. NO. 667 OF 2006 IN W.P.C. NO. 9877 OF 2006
Dated this the 6th day of September, 2007
This Review Petition is filed on the misunderstanding that there is direction to make payment in the judgment. Since the amount claimed by the petitioner in the WPC is based on a contract, it is always open to the review petitioner to consider whether the work is completed in terms of the contract and if not to decline payment. Review Petition is therefore disposed of authorising the review petitioner to proceed in accordance with contract and if the amount claimed is not payable, to issue an order rejecting the claim disclosing reasons therefor.
(C.N.RAMACHANDRAN NAIR) Judge
2
1 issue framed by the court
Whether the clarification on payment obligation based on contract should be reviewed.
STATE CO-OPERATIVE UNION, KERALA
SASIDHARAN M.C.
C.N. RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
