Petitioner contractor sought relief from interest liability on a loan arranged by Kerala Water Authority to pay final dues. Court directed authority to liquidate loan liability.
Petitioner directed to be absolved from interest liability by liquidating the loan account within three months.
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 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941
WP(C).No.24175 OF 2019(V)
PETITIONER:
MARIA CONSTRUCTIONS, REPRESENTED BY ITS MANAGING PARTNER, K.L. JOSE, AGED 64 YEARS S/O.KAKKANATTU LOUIS, 14/1375, KAKKANAT, THOTTIKPEEDIKA, CHEVARABAMBALAM, P.O., KOZHIKODE 673 017.
BY ADV. SMT.TESSY JOSE
RESPONDENTS:
1 KERALA WATER AUTHORITY REPRESENTED BY THE MANGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 033.
2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY P.H. CIRCLE, KANNUR 670 012.
R1-4 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
W.P. (C) No.24175 of 2019
W.P.(C) No.24175 of 2019
J U D G M E N T
The petitioner is a contractor who has undertaken a
work of the Kerala Water Authority (KWA). As the KWA was facing financial crunch at the time when the final payments were to be effected in respect of the work, they have arranged a loan for the petitioner for the amounts due. Even though the petitioner received the amounts due in respect of the work by way of loan arranged by the KWA, the petitioner is bound to pay interest accrued in the loan account. The petitioner, therefore, seeks directions to the KWA for liquidating the liability in the loan account so as to relieve them from the obligation to pay interest accrued in the loan account from time to time.
also the learned Standing Counsel for the KWA.
of the case as also the orders passed by this court in similar
and identical writ petitions, I deem it appropriate to dispose of
3
W.P. (C) No.24175 of 2019
the writ petition directing the KWA to absolve the petitioner from the liability to pay interest for the loan mentioned in paragraph 1 by liquidating the loan liability of the petitioner. Ordered accordingly. This shall be done within three months.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
4
W.P. (C) No.24175 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
TRUE COPY OF COMMUNICATION DATED 19.3.2019 ISSUED BY 3RD RESPONDENT TO THE 4TH RESPONDENT REQUESTING THE DISBURSAL OF BILL AMOUNT).
EXHIBIT P1 A A TRUE COPY OF THE PERFORMA AND CB3 DATED 19.3.2019 ISSUED BY THE 3RD RESPONDENT.
RESPONDENT'S/S EXHIBITS:
NIL
//TRUE COPY//
PA TO JUDGE
YKB
1 issue framed by the court
Whether the petitioner contractor is required to pay interest on a loan advanced by the respondent water authority to settle final payments.
Maria Constructions
Kerala Water Authority
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
