Disposed

Muhammed Ismail v. Kerala Water Authority

Kerala HC20 Nov 2019WP(C)/26541/2019

Case brief

AI extract

What is this about?

A contractor filed a writ petition seeking directions from the Kerala High Court to the Kerala Water Authority for the payment of admitted balance dues. The court, noting repeated delays by the respondents' counsel, disposed of the petition by directing payment within two months.

What did the court decide?

Directing the respondents to pay the petitioner the admitted balance dues within two months from the date of the judgment.

Muhammed Ismail Vs Kerala Water Authority — 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 P.B.SURESH KUMAR

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WEDNESDAY, THE 20TH DAY OF NOVEMBER 2019 / 29TH KARTHIKA, 1941

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WP(C).No.26541 OF 2019(P)

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PETITIONER:

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MUHAMMED ISMAIL AGED 41 YEARS S/O. LATE HASSAN MUHAMMED, KOTTIMUNDA HOUSE, KARIYAMBADI P.O., WAYANAD

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BY ADVS. SRI.ELDHO PAUL SMT.TESSY JOSE

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RESPONDENTS:

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

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2 THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PROJECT DIVISION, MALAPARAMBA, KOZHIKODE-673 009

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3 THE FINANCE MANGER & CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY,JALABHAVAN, THIRUVANANTHAPURAM-695 033

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R1 TO R3 BY ADV. SRI.MILLU DANDAPANI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.26541 of 2019

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J U D G M E N T

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The petitioner is a contractor, who has

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undertaken a work of the Kerala Water Authority. The grievance of the petitioner in the writ petition concerns the conduct of the

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Water Authority in disbursing the balance amount due to him in respect of the work. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.

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Heard the learned counsel for the petitioner as

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also the learned Standing Counsel for the Kerala Water Authority.

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On 09.10.2019, when this matter was taken up,

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time was sought by the Standing Counsel for instructions. The matter was accordingly adjourned again to 05.11.2019. On 05.11.2019, time was sought again by the Standing Counsel for instructions and time was accordingly granted as a last chance, and the matter was adjourned to this date. Today, when the matter was taken up, time was sought again by the Standing Counsel for the Kerala Water Authority for instructions.

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W.P.(C)No.26541 of 2019

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In so far as sufficient opportunities have already been granted, I deem it appropriate to dispose of the writ petition directing the respondents to pay to the petitioner the admitted balance dues in respect of the work referred to in the writ petition within two months from today. Ordered accordingly.

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Sd/P.B.SURESH KUMAR, JUDGE.

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W.P.(C)No.26541 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF AGREEMENT DATED 27.2.2017 BETWEEN PETITIONER AND THE 2ND RESPONDENT

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EXHIBIT P2 TRUE COPY OF COMMUNICATION DATED 31.5.2019 ISSUED BY 2ND RESPONDENT TO THE 3RD RESPONDENT REQUESTING THE DISBURSAL OF BILL AMOUNT

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EXHIBIT P3 A TRUE COPY OF AGREEMENT FOR ADDITIONAL WORKS DATED 4.6.2017

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EXHIBIT P3 A TRUE COPY OF AGREEMENT FOR ADDITIONAL WORKS DATED 4.6.2017

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EXHIBIT P3 B TRUE COPY OF AGREEMENT FOR ADDITIONAL WORKS DATED 4.6.2017

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EXHIBIT P3 C TRUE COPY OF AGREEMENT FOR ADDITIONAL WORKS DATED 4.6.2017

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EXHIBIT P4 TRUE COPY OF COMMUNICATION FROM 2ND RESPONDENT DT.5.6.2017 TO THE PETITIONER SHOWING THE DETAILS OF WORKS AND AMOUNT DUE TO THE PETITIONER

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EXHIBIT P4 A TRUE COPY OF COMMUNICATION FROM 2ND RESPONDENT DT.5.6.2017 TO THE PETITIONER SHOWING THE DETAILS OF WORK AND AMOUNT DUE TO THE PETITIONER

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EXHIBIT P4 B TRUE COPY OF COMMUNICATION FROM 2ND RESPONDENT DT.5.6.2017 TO THE PETITIONER SHOWING THE DETAILS OF WORKS AND AMOUNT DUE TO THE PETITIONER

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W.P.(C)No.26541 of 2019

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EXHIBIT P4 C TRUE COPY OF COMMUNICATION FROM 2ND RESPONDENT DT.5.6.2017 TO THE PETITIONER SHOWING THE DETAILS OF WORKS AND AMOUNT DUE TO THE PETITIONER

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EXHIBIT P5

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TRUE COPY OF REPRESENTATION DATED 20.7.2019 SENT BY THE PETITIONER TO THE 2ND RESPONDENT

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

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Muhammed Ismail v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

Muhammed Ismail v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

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