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Dominic a v. Kerala Water Authority

Kerala HC8 Jun 2018WP(C)/6178/2018

Case brief

AI extract

What is this about?

The petitioner, a government contractor, sought directions for payment of a final bill and release of security deposit. The court directed payment within two months and ordered a decision on the deposit within three weeks if the guarantee period expired.

What did the court decide?

Direction to respondents to pay final bill within two months and consider release of security deposit within three weeks.

Dominic a Vs Kerala Water Authority — Contract and Commercial Disputes | Kerala HC (2018)

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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 SHAJI P.CHALY FRIDAY, THE 8TH DAY OF JUNE 2018 / 18TH JYAISHTA, 1940

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WP(C).No. 6178 of 2018

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PETITIONER:

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DOMINIC A, AGED 63 YEARS, S/O.AUGUSTINE, OLICKAL HOUSE, GREEN PARK, THODUPUZHA IDUKKI DISTRICT.

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BY ADVS.SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE SRI.K.S.SUMEESH SRI.T.ANCY SMT.NIVYA VALSAN SMT.N.B.FATHIMA SULFATH

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RESPONDENT(S):

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1. KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695 002. 2. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE, MUVATTUPUZHA-686661. 3. THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, PIRAVOM-686664. 4. THE JOINT SECRETARY, MINISTRY OF DRINKING WATER & SANITATION, GOVERNMENT OF INDIA, 4TH FLOOR, PANDIT DEENDAYAL ANTYODAYA BHAWAN, LODHI ROAD, NEW DELHI-110003. R1 TO R3 BY SRI.P.BENJAMIN PAUL, SC R4 BY SRI.N. NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 6178 of 2018 (V)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1:- TRUE PHOTOCOPY OF THE AGREEMENT DATED 24.10.2013 SIGNED BY THE PETITIONER AND THE 3RD RESPONDENT. EXHIBIT P2: TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 18.10.2016. EXHIBIT P3: TRUE PHOTOCOPY OF THE CB3 VOUCHER ISSUED BY THE 2ND RESPONDENT FOR AN AMOUNT OF RS.33,16,208/-

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RESPONDENTS' EXHIBITS: NIL

/TRUE COPY/

P.S.TO JUDGE

mbr/ 08.06.2018.

SHAJI P.CHALY, J.

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========================

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W.P.(C) No.6178 of 2018

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======================== Dated this the 8^th day of June 2018

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JUDGMENT

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Petitioner is a registered Government Contractor engaged

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by the Kerala Water Authority for carrying out the work - NRDWP - RWSS to quality affected habitations of Thalayazham Village in Kottayam District. According to the petitioner, the work was completed in the 2016 in terms of the agreement. However, the final bill amount is not disbursed to the petitioner. It is thus seeking appropriate directions this writ petition is filed.

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I have heard learned Counsel for the petitioner and the learned Standing Counsel for the respondents and perused the pleadings and documents on record.

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There is no much material dispute with respect to the final bill amount due to the petitioner. Therefore, there will be a direction to the respondents to pay the final bill amount to the petitioner within a period of two months from the date of receipt of a copy of this judgment. Petitioner has also a claim for release of security deposit, retention amount and maintenance

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W.P.(C) No.6178 of 2018 2

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guarantee amount, since the guarantee provided by the petitioner in terms of the contract has already expired.

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Learned Standing Counsel submitted that a specific instruction with respect to the same is not received. However, since a relief is sought for by the petitioner, I am of the considered opinion that an appropriate provision can be made in this judgment and dispose of the writ petition. Therefore, there will be a direction to the respondents to consider as to whether the guarantee period is over. If the guarantee period is over, I do not find any reason for not releasing the above specified amount to the petitioner. A decision in that regard shall be taken within three weeks from the date of receipt of a copy of this judgment. If there are no other implications standing in the way, the said amount shall also be released to the petitioner without any delay.

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The writ petition is disposed of accordingly.

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Sd/

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SHAJI P.CHALY JUDGE

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jm/ \ True copy \

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PA to Judge

Dominic a v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

Dominic a v. Kerala Water Authority

Case brief

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