Disposed

M/S. Reena Engineers and Contractors Pvt. Ltd. v. Kerala Water Authority

Kerala HC6 Jun 2017WP(C)/8270/2017

Case brief

AI extract

What is this about?

The Court directed the Kerala Water Authority to disburse the proceeds of a part bill submitted by the petitioner within three months, rejecting the respondent's vague stance of payment on a priority basis without a time frame.

What did the court decide?

Directing the first respondent to disburse the proceeds of the part bill within three months from the date of receipt of a copy of the judgment.

M/S. Reena Engineers and Contractors Pvt. Ltd. Vs… — Service and Employment | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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TUESDAY, THE 6TH DAY OF JUNE 2017/16TH JYAISHTA, 1939 WP(C).No. 8270 of 2017 (G) -----------------------------

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PETITIONER:

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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.

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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

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RESPONDENTS:

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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.

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3. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H. CIRCLE, KANNUR - 670 012.

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4. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION, KANNUR - 670 012.

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R1-R4 BY ADV. SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8270 of 2017 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF WORK ORDER NO. KWA/PHC/KNR/D5- 1835/2012 (1) VOL II DATED 18.06.2013 ISSUED BY 3RD RESPONDENT TO PETITIONER.

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EXHIBIT P2 TRUE COPY OF THE CC 5TH AND PART BILL IN FORM CB3 VOUCHER, DATED NIL, SANCTIONED ON 31.03.2016 IN FAVOUR OF PETITIONER BY 4TH RESPONDENT.

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EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 23.06.2016 IN WPC) NO. 18152 OF 2016 BEFORE THIS HON'BLE COURT.

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RESPONDENT(S)' EXHIBITS : NIL -----------------------

/TRUE COPY/

P.A. TO JUDGE

P.B.SURESH KUMAR, J.

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.........................................................

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W.P.(C).No.8270 of 2017

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......................................................... Dated this, the 06^th day of June, 2017.

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J U D G ME N T

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The petitioner is executing a work for the Kerala

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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 a part bill for the completed portion of the work, and the officers concerned of the Water Authority, after processing the said part bill, 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 bill raised in respect of the work. The petitioner, therefore, seeks directions to the Water Authority to

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W.P.(C).No.8270 of 2017 : 2 :

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disburse the amounts due to the petitioner.

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The learned Standing Counsel for the Water Authority, on instructions, submitted that the funds requested for effecting the payment due to the petitioner will be made available on priority basis.

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It is beyond dispute that the contract enables the petitioner to raise part bills. When the contract enables the contractors to raise part bills for the completed portions of the work, the contractors contemplate the proceeds of the part bills also for execution of the remaining part of the work. As such, if the part bills are not honoured within a reasonable time, the progress of the work will be adversely affected. The stand of the Water Authority that the part bills will be honoured only on priority basis, without disclosing any time frame, cannot, therefore, be accepted.

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The writ petition, in the circumstances, is disposed of directing the first respondent to disburse the proceeds of the part bill referred to in the writ petition, within three months from the date of receipt of a copy of the

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W.P.(C).No.8270 of 2017 : 3 :

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judgment. All other issues are left open.

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Sd/- P.B.SURESH KUMAR, JUDGE.

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Bb/07/06/2017

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[True copy]

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P.A to Judge

M/S. Reena Engineers and Contractors Pvt. Ltd. v. Kerala Water Authority

Case brief

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M/S. Reena Engineers and Contractors Pvt. Ltd. v. Kerala Water Authority

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