Dismissed

Navin Construction Corporation v. the Kerala Water Authority

Kerala HC5 Nov 2019WP(C)/24962/2019

Case brief

AI extract

What is this about?

This writ petition challenged an order terminating a work contract for the construction of a water treatment plant due to alleged breach of terms. The High Court held that questions of breach are factual and outside Article 226 jurisdiction, noting less than 5% work completion as contrary to public interest to interfere.

What did the court decide?

The writ petition was dismissed as it was found to be without merits.

Navin Construction Corporation Vs the Kerala Water… — Specific Performance | 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 P.B.SURESH KUMAR

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TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA, 1941

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WP(C).No.24962 OF 2019(U)

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PETITIONER:

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NAVIN CONSTRUCTION CORPORATION, A PARTNERSHIP FIRM HAVING ITS OFFICE AT BUILDING NO.37/3674, NEAR EDAPPALLY RAILWAY GATE, AIMS-PONEKKARA P.O, KOCHI-682 041, REPRESENTED BY ITS MANAGING PARTNER, SRI. N. SUGATHAN, S/O. LATE M. NARAYANAN, AGED 74 YEARS.

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BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.AJAY BEN JOSE SRI.MANJUNATH MENON SRI.S.HARIKRISHNAN

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RESPONDENTS:

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1 THE KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033, REPRSESENTED BY ITS MANAGING DIRECTOR.

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2 THE SUPERINTENDING ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, COIMBATORE RD, TKV NAGAR, KALMANDAPAM, PALAKKAD-678 013

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3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, WS PROJECT DIVISION, KALMANDAPAM, PALAKKAD - 678 001.

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W.P.(C) No. 24962 of 2019

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4 M/S. NOBLE TECH ENGINEERING PVT. LTD, NOBLE HOUSE, PALARIVATTOM, KOCHI-682 025

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5 ADDL.R5 PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD – 678 001 REPRESENTED BY ITS SECRETARY

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ADDL.R5 IS IMPLEADED AS PER ORDER DATED 05.11.2019 IN I.A NO.1 OF 2019.

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R1 TO R3 BY ADV. SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY ADDL.R5 BY ADV. BINOY VASUDEVAN SMT. VINEETHA, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 24962 of 2019

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J U D G M E N T

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The petitioner is a contractor which has undertaken a work of the Kerala Water Authority (KWA). The work relates to the construction of a water treatment plant. The agreement between the petitioner and the KWA in this connection was entered into on 17.10.2018. The work should have been completed by the petitioner within eighteen months from 17.10.2018. The agreement was cancelled by the KWA in terms of Ext.P6 order alleging that the petitioner has not achieved the progress contemplated in terms of the agreement. Ext.P6 order is under challenge in the writ petition.

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Heard the learned Senior Counsel for the petitioner as also the learned Standing Counsel for the KWA.

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The learned Senior Counsel for the petitioner contended that the slow progress of the work is not due to any reason attributable to the petitioner. Placing reliance on a few documents produced, the learned Senior Counsel for the petitioner contended that the slow progress of the work was due to reasons attributable to the KWA. It was also contended

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W.P.(C) No. 24962 of 2019

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by the learned Senior Counsel that the execution of the work has progressed substantially and the petitioner will be in a position to complete the work within the time schedule fixed. According to the learned Senior Counsel, in the circumstances, Ext.P6 order terminating the arrangement is wholly arbitrary and against public interest.

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The learned Standing Counsel for the KWA has reiterated that the work has not progressed as contemplated. It was pointed out by the learned Standing Counsel that two-third of the period prescribed for completion of the work is though over, the petitioner has completed only approximately 5% of the total work.

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As noted, what is under challenge in the writ petition is an order terminating a contract. The impugned order proceeds on the premise that the petitioner has committed breach of the terms of the contract. The petitioner attributes breach of the terms of the contract on the KWA, for challenging the order. The questions relating to breach of the terms of a contract are pure questions of fact which cannot be gone into in

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W.P.(C) No. 24962 of 2019

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a proceedings under Article 226 of the Constitution of India. True, in exceptional cases, this court can interfere with orders of this nature on grounds of manifest arbitrariness, malice, public interest etc. The facts do not disclose any of the aforesaid grounds. Further, in the light of the affidavit filed on behalf of the respondents 1 to 3 on 04.11.2019 to the effect that the petitioner has completed only less than 5% of the work till date, I am of the view that interference by this court in a matter like this would be against public interest.

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The writ petition, in the circumstances, is without

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merits and the same is, accordingly, dismissed.

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Sd/P.B.SURESH KUMAR, JUDGE.

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W.P.(C) No. 24962 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT ON 17.10.2018. EXHIBIT P2 TRUE COPY OF LETTER DATED 11.12.2018 OF 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE LETTER NO. KWA/WASCON/PC/974/2019 DATED 11.06.2019 ISSUED BY WASCON. EXHIBIT P4 TRUE COPY OF LETTER DATED 22.08.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 29.08.2019. EXHIBIT P6 TRUE COPY OF ORDER DATED 16.09.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF COMPLETION CERTIFICATE ISSUED BY THE SUPERINTENDING ENGINEER, THRISSUR. EXHIBIT P8 TRUE COPY OF MINUTES OF THE MEETING DATED 27/09/2019. EXHIBIT P9 TRUE COPY OF WORK ORDER ISSUED BY THE 1ST RESPONDENT ON 08/03/2019. EXHIBIT P10(a) TRUE COPY OF TIME EXTENSION LETTER DATED 13/11/2018 ISSUED BY THE 1ST

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W.P.(C) No. 24962 of 2019

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RESPONDENT FOR THE WTP AT KANNADI.

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EXHIBIT P10(b) TRUE COPY OF TIME EXTENSION LETTER DATED 23/07/2018 ISSUED BY THE 1ST RESPONDENT FOR THE WTP AT KANNADI. EXHIBIT P11 TRUE COPY OF PROCEEDINGS OF THE DATED 26/09/2019 OF THE 1ST RESPONDENT. EXHIBIT P12(a): TRUE COPY OF NEWS PAPER REPORT IN TIME OF INDIA DATED 10/01/2019. EXHIBIT P12(b): TRUE COPY OF NEWS PAPER REPORT IN MALAYALA MANORAMA DATED 10/01/2019. EXHIBIT P12(c): TRUE COPY OF NEWS PAPER REPORT IN MALAYALA MANORAMA DATED 10/01/2019. EXHIBIT P12(d): TRUE COPY OF NEWS PAPER REPORT IN TIME OF INDIA DATED 10/01/2019. EXHIBIT P13: TRUE COPY OF REPORT OF SEASONAL RAINFALL IN KERALA ISSUED BY THE METEOROLOGICAL CENTRE, GOVERNMENT OF INDIA. EXHIBIT P14: TRUE COPY OF DETAILS OF THE AMOUNTS DUE TO THE PETITIONER FROM THE 1ST RESPONDENT.

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RESPONDENTS'EXHIBITS:

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EXHIBIT R1 A

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TRUE COPY OF THE NOTICE DATED 15.03.2017 ISSUED BY THE SUPERINTENDING ENGINEER TO THE PETITIONER.

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W.P.(C) No. 24962 of 2019

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EXHIBIT R1 B TRUE COPY OF THE NOTICE ISSUED TO THE PETITIONER DATED 29/06/2019. EXHIBIT R1 C TRUE COPY OF THE ORDER NO.KWA/PHC/PKD/1903/2016 DATED 04/09/2019 BY THE SUPERINTENDING ENGINEER,P.H CIRCLE, KWA, PALAKKAD. EXHIBIT R1 D TRUE COPY OF THE ORDER TO IMPOSE A FINE FOR RS.3,00,000/EXHIBIT R1 E TRUE COPY OF THE WORK ORDER DATED 26.09.2018. EXHIBIT R1 F TRUE COPY OF THE BAR CHART DULY SIGNED AND SUBMITTED BY THE PETITIONER WHILE SUBMITTING HIS TENDER. EXHIBIT R1 G TRUE COPY OF THE LETTER NO.KWA/WSP/PKD/D6-1152/16-17 DATED 11/12/2018. EXHIBIT R1 H TRUE COPY OF THE MINUTES OF MEETINGS CONDUCTED ON 19.6.2019. EXHIBIT R1 I TRUE COPY OF THE MINUTES OF MEETINGS CONDUCTED ON 26.6.2019. EXHIBIT R1 J TRUE COPY OF THE WORK ORDER ISSUED TO M/S.NOBLE TECH ENGINEERING PVT.LTD. EXHIBIT R1 K TRUE COPY OF THE REMINDER LETTER DATED 11.12.2018 ISSUED TO THE PETITIONER. EXHIBIT R1 L TRUE COPY OF THE REMINDER LETTER DATED 16.03.2019 ISSUED TO THE PETITIONER. EXHIBIT R1 M TRUE COPY OF THE REMINDER LETTER DATED 27.04.2019 ISSUED TO THE PETITIONER.

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W.P.(C) No. 24962 of 2019

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EXHIBIT R1 N TRUE COPY OF THE REMINDER LETTER DATED 03.06.2019 ISSUED TO THE PETITIONER. EXHIBIT R1 O TRUE COPY OF THE REMINDER LETTER DATED 18.06.2019 ISSUED TO THE PETITIONER.

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//TRUE COPY//

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PA TO JUDGE

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Navin Construction Corporation v. the Kerala Water Authority

Case brief

What is this about?

What did the court decide?

Navin Construction Corporation v. the Kerala Water Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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