Allowed

P.Madhavan Pillai v. Divisional Railway Manager(Work)

Kerala HC3 Jul 2019WP(C)/15535/2019

Case brief

AI extract

What is this about?

In this writ petition, a contractor challenged non-repayment of his Earnest Money Deposit. The court directed the first respondent railway manager to release the EMD within two weeks of receiving a copy of the judgment.

What did the court decide?

Direction to the 1st respondent to release the Earnest Money Deposit (EMD) to the petitioner at the earliest and within two weeks from the date of receipt of this judgment copy.

P.Madhavan Pillai Vs Divisional Railway… — Contract and Commercial Disputes | Kerala HC (2019)

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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

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WEDNESDAY, THE 03RD DAY OF JULY 2019 / 12TH ASHADHA, 1941

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WP(C).No.15535 of 2019

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PETITIONER/S:

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P.MADHAVAN PILLAI AGED 70 YEARS S/O. PACHAN PILLAI, RESIDING AT KAIRALY BHAVAN, VYTTILA P.O., KOCHI - 682 019.

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BY ADVS. SRI.V.V.SURENDRAN SRI.P.A.HARISH

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RESPONDENT/S:

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1 DIVISIONAL RAILWAY MANAGER(WORK) SOUTHERN RAILWAY, THYCADU, THIRUVANANTHAPURAM - 682 019.

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2 THE SENIOR DIVISIONAL ENGINEER (WORKS) SOUTHERN RAILWAY, THYCADU, THIRUVANANTHAPURAM - 682 019.

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3 THE SENIOR DIVISIONAL ACCOUNTS OFFICER SOUTHERN RAILWAY, THYCADU, THIRUVANANTHAPURAM - 682 019.

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BY ADV. SRI.DINESH CHERUKAT, SC, RAILWAYS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.15535 of 2019

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JUDGMENT

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Petitioner is a Contractor, engaged by the Southern Railway for doing a particular work. The sole grievance of the petitioner is, non-repayment of Earnest Money Deposit made by the petitioner in terms and conditions of the tender invited, thus seeks appropriate directions.

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

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Learned Standing Counsel submitted that, they are prepared to release the amounts to the petitioner.

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In that view of the matter, there will be a direction to the 1^st respondent to release the EMD to the petitioner, at the earliest and at any rate, within two weeks from the date of receipt of a copy of this judgment.

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The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

WP(C).No.15535 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE FIXED DEPOSIT NO.293345.

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EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 22.02.2016 ADDRESSED TO THE 2ND RESPONDENT WITH COPY TO THE 3RD RESPONDENT.

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EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 05.05.2018 SEND BY REGISTERED POST.

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EXHIBIT P4 A TRUE COPY OF THE REQUEST ADDRESSED TO THE 1ST RESPONDENT DATED 28.09.2018 SEND BY THE REGISTERED POST.

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EXHIBIT P5 A TRUE COPY OF THE LAWYER NOTICE.

P.Madhavan Pillai v. Divisional Railway Manager(Work)

Case brief

What is this about?

What did the court decide?

P.Madhavan Pillai v. Divisional Railway Manager(Work)

Case brief

What is this about?

What did the court decide?

What the court decided

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