Disposed

The Director, Co-Operative Academy of Professional Education v. v K Johny

Kerala HC12 Oct 2015WA/1285/2015

Case brief

AI extract

What is this about?

Appeal against a writ judgment directing payment of contractual dues. The court held that while the main contract amount was paid, the appeal on retention amount and security deposit arising post-filing must be considered by original respondents within two months.

What did the court decide?

Directions given to the 2nd and 3rd respondents to consider claims for retention amount and security deposit and effect payment within two months.

The Director, Co-Operative Academy of Professional… — Execution and Attachment | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937

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WA.No. 1285 of 2015 IN WP(C).17025/2014

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AGAINST THE JUDGMENT IN WP(C) 17025/2014 of HIGH COURT OF KERALA DATED 17.3.2015

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APPELLANT/3RD RESPONDENT IN THE WRIT PETITION:

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THE DIRECTOR, CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION FIRST FLOOR, CO-BANK TOWERS, VIKAS BHAVAN.P.O THIRUVANANTHAPURAM-695033.

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BY ADVS.SRI.E.K.MADHAVAN

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SMT.P.VIJAYAMMA

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SRI.V.KRISHNA MENON

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RESPONDENTS/PETITIONER AND

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RESPONDENTS 1,2 & 4 IN THE WRIT PETITION:

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1. V K JOHNY, AGED 68 YEARS

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S/O.LATE V.P.KURIAKOSE, MANAGING PARTNER M/S.V.C.CONSTRUCTIONS, VANACHIRACKAL HOUSE

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KANGARAPADY.P.O, KOCHI-682021.

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2. STATE OF KERALA,

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REPRESENTED BY ITS SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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3. STATE OF KERALA,

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REPRESENTED BY ITS SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.

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4. THE GENERAL MANAGER,

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KERALA STATE CONSTRUCTION CORPORATION DOOR NO.30/1521-A, M BAY UNDER THE BRIDGE NORTHERN SIDE OF RAILWAY, COCHIN-682021.

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R1 BY ADV. SMT.MARY BENJEMIN

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R4 BY ADV. SRI.M.V.THAMBAN, S.C. KSCC LTD. BY Sr.GOVERNMENT PLEADER SRI.P.I.DAVIS

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA.No. 1285 of 2015 IN WP(C).17025/2014

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APPENDIX

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APPELLANT's EXHIBITS :

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NIL

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RESPONDENTS' EXHIBITS :

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ANNEXURE R1(A): TRUE COPY OF THE GO(RT)NO.1163/2015/H&FWD DATED 7.4.2015.

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ANNEXURE R1(B): TRUE COPY OF THE GO(Rt)NO.1188/2015/H&FWD DATED 13.4.2015

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ANNEXURE R1(C): TRUE COPY OF THE LETTER NO.Acc2-1384/2014/CAPE/1314 DATED 24.4.2015 OF THE APPELLANT.

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ANNEXURE R1(D): TRUE COPY OF THE LETTER DATED 25.4.2015 OF THE PRINCIPAL, GOVERNEMENT MEDICAL COLLEGE, ERNAKULAM

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ANNEXURE R1(E): TRUE COPY OF THE LETTER DATED 3.6.2015 OF THE DEPARTMENT OF HEALTH AND FAMILY WELFARE.

//TRUE COPY//

P.A.TO JUDGE

ami/

ASHOK BHUSHAN, C.J. & A.M.SHAFFIQUE, J.

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W.A.No.1285 of 2015

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Dated this the 12^th day of October, 2015.

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J U D G M E N T

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SHAFFIQUE, J.

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This appeal is filed against the judgment dated 17.3.2015 in W.P.(C)No.17025/14. The writ petition was filed by a Contractor inter alia contending that the amount legally due to the Contractor has not been paid, despite the fact that the entire work had been completed. The learned Single Judge, by the aforesaid judgment, directed the 2^nd and 3^rd respondents to release necessary funds towards the Contractual dues to the 4^th respondent and the 4^th respondent was directed to pay the entire amount to the writ petitioner.

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This appeal is filed by the 3^rd respondent in the writ petition contending that the institution, namely the Cooperative Medical College, the construction of its building being awarded to the 1^st respondent herein, has been taken

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W.A.No.1285 of 2015

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over by the State Government and hence the obligation of paying the balance amount in the contract rests upon the State Government.

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During the pendency of the writ petition, it was submitted by the learned counsel on either side that the balance amount as per the bill has already been paid to the Contractor which amounts to Rs.2,13,40,000/-.

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The learned counsel for the 1^st respondent however submits that the retention amount and the security deposit had not been returned so far by the 4^th respondent, despite the fact that the period within which the retention amount has to be returned has expired. The learned Standing counsel for the Kerala State Construction Corporation also submits that the said amount has to be refunded, as the defect liability period is over.

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Having regard to the fact that the issue regarding the claim for retention amount as well as the security deposit has arisen subsequent to the filing of the writ

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W.A.No.1285 of 2015

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petition, the same has to be considered by the 2^nd and 3^rd respondents in accordance with the terms of the Contract

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and necessary payments shall be effected within a period of

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2 months from the date of receipt of copy of this judgment.

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The writ appeal is disposed of accordingly.

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Sd/-

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ASHOK BHUSHAN, CHIEF JUSTICE.

Sd/-

A.M.SHAFFIQUE,

JUDGE.

ami/

//True copy//

P.A.to Judge

The Director, Co-Operative Academy of Professional Education v. v K Johny

Case brief

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The Director, Co-Operative Academy of Professional Education v. v K Johny

Case brief

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