This writ appeal by Kitco challenges the Single Judge's order directing payment to a contractor (Green Method) for works completed at Cochin SEZ. The court upheld the order, finding no ground to interfere.
The writ appeal is dismissed; the appellant is directed to pay the amount claimed by the writ petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 8TH DAY OF JULY 2016/17TH ASHADHA, 1938
WA.No. 1178 of 2015 () IN WP(C).27217/2013
AGAINST THE JUDGMENT IN WP(C) 27217/2013 of HIGH COURT OF KERALA DATED 13-03-2015 APPELLANT(S):
KITCO REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, FEMITH'S, P.B. No.4407, PUTHIYA ROAD, N. H. BYE PASS, VENNALA, KOCHI – 682 028
BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.NITHIN GEORGE
RESPONDENT(S):
1. GREEN METHOD ENGINEERING (P) LTD. REPRESENTED BY ITS EXECUTIVE DIRECTOR ATC BUILDING, MOOLEPADAM NAGAR ROAD,
HMT JUNCTION, KALAMASSERY, KOCHI – 683 104
2. THE CHAIRMAN, COCHIN SPECIAL ECONOMIC ZONE AUTHORITY KAKKANAD, COCHIN – 682 037.
R1 BY ADV. SRI.VIJAYAN. K.U. R1 BY ADV. SRI.C.V.MILTON R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R2 BY SRI.V.ABRAHAM MARKOS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sou.
P.R.Ramachandra Menon & Anil K. Narendran, JJ.
W.A. No. 1178 of 2015
JUDGMENT
Anil K. Narendran, J.
This writ appeal arises out of a judgment of the learned Single Judge dated 13.03.2015 in W.P.(C) No. 27217 of 2013. The said writ petition was filed by the first respondent herein seeking a writ of mandamus commanding the appellant to pay the balance amount of the work done to the tune of Rs.84,10,255/- together with 18% interest.
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learned single Judge, the appellant is before this Court in this writ appeal.
was executed between the appellant and the 1st respondent on 18.03.2011.
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arbitration. During the course of arguments it is pointed out that
the arbitration request is now pending consideration before this Court.
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provisions under Ext.P4 agreement enable the appellant to withhold payment of the amount due to the 1st respondent till payments are received from the 2nd respondent. It was in the said circumstances, the learned Single Judge concluded that the payment for the additional work undertaken by the petitioner cannot be withheld due to the inter se dispute between the appellant and the 2nd respondent. The right of the appellant was also protected by making it clear that it will be open to the appellant to recover the amount disbursed to the 1st respondent, from the 2nd respondent. We find absolutely no grounds to interfere with the reasoning of the learned Single Judge in the impugned judgment.
In the result, the writ appeal fails and the same is accordingly dismissed.
Sd/-
P.R.Ramachandra Menon Judge
Sd/- Anil K. Narendran Judge
ttb/11/07
/TRUE COPY/
PA TO JUDGE
2 issues framed by the court
Whether the High Court could interfere with the Single Judge's direction to pay the contractor despite the dispute between the employer and the authority.
Whether the appellant could withhold payment to the contractor due to the delay by the second respondent in releasing funds.
Kitco
Green Method Engineering (P) Ltd.
The Chairman, Cochin Special Economic Zone Authority Kakkanad, Cochin
P.R.Ramachandra Menon
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
