The court directed the respondent to disburse part bill proceeds to the petitioner within three months, rejecting the contention that payment could be delayed without a specific timeframe.
Directing the respondent to disburse the proceeds of the part bills referred to in the writ petition within three months from today.
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.B.SURESH KUMAR
WEDNESDAY, THE 7TH DAY OF JUNE 2017/17TH JYAISHTA, 1939
WP(C).No. 8264 of 2017 (G) ---------------------------
PETITIONER(S):
M/S.REENA ENGINEERS AND CONTRACTORS PVT.LTD., REGISTERED OFFICE, 602, SHIV TOWERS, PATTO-PLAZA, PANAJI, GOA 403 001, REPRESENTED BY ITS MANAGING DIRECTOR, K.C. JAMES. BY ADVS.SRI.B.ASHOK SHENOY SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH SRI.RIYAL DEVASSY KUM.POOJA DILIP
RESPONDENT(S):
1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033
2. THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, HEAD OFFICE, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033
3. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H. CIRCLE, COLLECTORATE P.O, KOTTAYAM - 686 002.
4. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION, COLLECTORATE P.O., KOTTAYAM - 686 002.
BY ADV. SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SKG
WP(C).No. 8264 of 2017 (G)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 | TRUE COPY OF WORK ORDER NO. PHCK/A3/4407/2013 DATED 11.7.2014 ISSUED BY 3RD RESPONDENT TO PETITIONER. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF CC 2ND AND PART BILL IN FORM CB3 VOUCHER, DATED 23.2.2015, SANCTIONED IN FAVOUR OF PETITIONER BY 4TH RESPONDENT ALONG WITH ITS READABLE COPY. |
| EXHIBIT P3 | TRUE COPY OF CC 3RD AND PART BILL IN FORM CB3 VOUCHER, DATED 12.5.2015, SANCTIONED IN FAVOUR OF PETITIONER BY 4TH RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF THE CC 4TH AND PART BILL IN FORM CB3 VOUCHER, DATED 31.3.2016, SANCTIONED IN FAVOUR OF PETITIONER BY 4TH RESPONDENT ALONG WITH ITS READABLE COPY. |
| EXHIBIT P5 | TRUE COPY OF THE CC 5TH AND PART BILL IN FORM CB3 VOUCHER, DATED 15.11.2016, SANCTIONED IN FAVOUR OF PETITIONER BY 4TH RESPONDENT. |
| EXHIBIT P6 | TRUE COPY OF JUDGMENT DATED 23.6.2016 IN WP(C) NO. 18152 OF 2016 BEFORE THIS HON'BLE COURT. |
| RESPONDENT(S)' -------------- |
EXHIBITS --------- NIL |
/TRUE COPY/
P.S. TO JUDGE
SKG
P.B.SURESH KUMAR, J.
= = = = = = = = = = = = = = = W.P.(C).No.8264 of 2017-G.
= = = = = = = = = = = = = = =
Dated this the 7th day of June, 2017.
J U D G M E N T
The petitioner is executing a work for the Kerala Water
Authority. They are entitled to raise part bills in the course of execution of the work for the completed portions of the work. The petitioner has, accordingly, raised part bills for the completed portion of the work, and the officers concerned of the Water Authority, after processing the said part bills, requested the technical member of the Water Authority to provide funds required for honouring the part bill. The grievance raised by the petitioner is that the technical member of the Water Authority is not providing funds required for honouring the part bills raised in respect of the work. The petitioner, therefore, seeks directions to the Water Authority to disburse the amounts due to the petitioner.
W.P.(C).No.8264/2017-G.
2
Sd/- P.B.SURESH KUMAR, JUDGE.
Kvs/-
// true copy //
2 issues framed by the court
Whether the respondent can delay disbursement of part bill proceeds without a fixed time frame.
Whether the petitioner is entitled to directions for disbursement of amounts due under the work order.
M/s. Reena Engineers and Contractors Pvt. Ltd.
Kerala Water Authority
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
