Allowed

Sebastian.M.a, v. the Secretary

Kerala HC11 Jul 2019WP(C)/16201/2019

Case brief

AI extract

What is this about?

Petitioner, a contractor engaged by Corporation of Kochi, sought directions for payment of pending bills for works completed between July 2017 and March 2019. Respondents admitted claims but requested adherence to seniority rules. Court directed payment of 2017 bills within a month.

What did the court decide?

Direction to release bills for the year 2017 within one month from date of receipt of judgment; rest of bills paid when petitioner's turn arises in accordance with list.

Sebastian.M.a, Vs the Secretary — 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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THURSDAY, THE 11TH DAY OF JULY 2019 / 20TH ASHADHA, 1941

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WP(C).No.16201 of 2019

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PETITIONER:

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SEBASTIAN.M.A, AGED 48 YEARS MULLOTH HOUSE, MEENCHIRA ROAD, AIMS, PONEKKARA P.O, ERNAKULAM

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BY ADV. SRI.I.DINESH MENON

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RESPONDENTS:

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1 THE SECRETARY, CORPORATION OF KOCHI, ERNAKULAM, KOCHI 682 011

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2 THE SUPERINTENDING ENGINEER, CORPORATION OF KOCHI, ERNAKULAM, KOCHI 682 011

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BY ADV. SRI.JIBU P.THOMAS,SC,COCHIN CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.16201 of 2019

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:-2-:

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J U D G M E N T

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This writ petition is filed by the petitioner-a

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Contractor engaged by the Corporation of Kochi. According to the petitioner, various works were completed starting from 18.7.2017 to 4.3.2019 and bills were raised. However, the amounts are not paid. Thus seeks appropriate directions.

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A statement is filed by the 1^st respondent

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virtually admitting the claims raised by the petitioner. However, submitted that in accordance with the judgment of this Court in W.P.(C)No.27119 of 2008, the seniority for the payment of the bills is fixed and accordingly the payment upto 18.5.2017 is already paid and the payment pending to the petitioner in respect of the bill dated 18.7.2017 will be paid immediately.

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In that view of the matter, after hearing the respective counsel across the bar and realising

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W.P.(C)No.16201 of 2019

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:-3-:

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that there is no dispute with respect to the pending bills, there will be a direction to the respondents to release the bills of the petitioner for the year 2017 at the earliest and at any rate within a month from the date of receipt of a copy of this judgment. The rest of the bills shall be paid as soon as the turn of the petitioner arises in accordance with the list formulated.

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Writ petition is disposed of accordingly.

Sd/-

JUDGE

ami/

W.P.(C)No.16201 of 2019

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:-4-:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF SYE1/3055/201	THE WORK ORDER NO. 6 DATED 18-04-2017
EXHIBIT P2	TRUE COPY OF 3398/16 DATED	THE WORK ORDER NO. EYE2- 9-8-2017.
EXHIBIT P3	TRUE COPY OF 3400/16 DATED	THE WORK ORDER NO. EYE2- 9-8-2017
EXHIBIT P4	TRUE COPY OF 3664/16 DATED	THE WORK ORDER NO. EYE2- 24-11-2017
EXHIBIT P5	TRUE COPY OF 5056/17 DATED	THE WORK ORDER NO. EYE2- 20-12-2017
EXHIBIT P6	TRUE COPY OF 7173/18 DATED	THE WORK ORDER NO. EYE2- 5-12-2018
EXHIBIT P7	TRUE COPY OF 5257/18 DATED	THE WORK ORDER NO. EYE2- 5-12-2018
EXHIBIT P8	TRUE COPY OF	THE BILL FOR EXT.P1 ORDER
EXHIBIT P9	TRUE COPY OF	THE BILL FOR EXT. P2 ORDER
EXHIBIT P10	TRUE COPY OF	THE BILL FOR EXT. P3 ORDER.
EXHIBIT P11	TRUE COPY OF	THE BILL FOR EXT. P4 ORDER
EXHIBIT P12	TRUE COPY OF	THE BILL FOR EXT. P5 ORDER
EXHIBIT P13	TRUE COPY OF	THE BILL FOR EXT P6 ORDER
EXHIBIT P14	TRUE COPY OF	THE BILL FOR EXT. P7 ORDER
EXHIBIT P15	TRUE COPY OF	THE BILL DATED NIL.

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W.P.(C)No.16201 of 2019

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:-5-:

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EXHIBIT P16 TRUE COPY OF THE CERTIFICATE FROM THE BANK DATED 28.5.2019

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EXHIBIT P17 TRUE COPY OF THE CERTIFICATE FROM THE HOSPITAL DATED 25.5.2019

Sebastian.M.a, v. the Secretary

Case brief

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Sebastian.M.a, v. the Secretary

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