High Court directed respondents to adjust 50% of the security deposit and performance guarantee from the pending bill amount as per Ext.P2, extending execution timeline by two weeks.
Direction to adjust 50% of security deposit and performance guarantee from pending bill amount; extension of execution period by two weeks.
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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY,THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940
WP(C).No. 3299 of 2019
PETITIONER:
ABDUL NAZAR P. AGED 37 YEARS S/O. AHAMMED MUSLIYAR, PALLIALIL HOUSE, VELLILA P.O, MANKADA, MALAPPURAM DISTRICT679324.
BY ADVS. SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI
RESPONDENTS:
1 THE SUPERINTENDING ENGINEER KERALA PUBLIC WORKS DEPARTMENT, BUILDINGS, NORTH CIRCLE, PWD COMPLEX, MANANCHIRA, KOZHIKODE, PIN-673001.
3 THE ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, SPECIAL BUILDING SECTION, MALAPPURAM, PIN-676505.
GP.K.V.MANOJ KUMAR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3299 of 2019
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JUDGMENT
The petitioner approaches this court seeking
directions to the respondents;
I) “to accept the security amount including the treasury deposit and performance guarantee including treasury deposit as directed to be submitted in Ext.P1 from the bill amount pending approval before the 4th respondent as evident from Ext P2;
petitioner and it is submitted that Ext.P2 bill is pending payment to the petitioner after all
verification and that 50% of the Security deposit and performance guarantee, as demanded in Ext.P1
are liable to be adjusted from the amount due to the petitioner as per Ext.P2.
well. It is submitted by the learned Senior
Government Pleader that any amount which is due
from the petitioner to the department is also
WP(C).No. 3299 of 2019
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liable to be taken note of when the adjustment, as sought for is done.
will be a direction to the respondents to adjust the amount due to the petitioner in terms of Ext.P2 against 50% security deposit and performance guarantee which is liable to be paid as Treasury Deposit in terms of Ext.P1. Any amount due from the petitioner will be also taken note of. The time to execute the agreement shall stand extended by a period of two weeks from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly
SD/-
ANU SIVARAMAN
JUDGE
SJ 06.02.2019
WP(C).No. 3299 of 2019
APPENDIX
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE COMMUNICATION NO.DB6/2015/6938 ISSUED BY THE 1ST RESPONDENT DATED 23.1.2019.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE NO:CC 2ND AND FINAL BILL ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C)NO.33096 OF 2018 DATED 22-112018.
EXHIBIT 3(A) TRUE COPY OF THE JUDGMENT IN WP(C)NO.4890 OF 2015 DATED 19-02-2015.
EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN WP(C).NO.32896 OF 2014 DATED 17-122014.
SJ 06/02/2019
1 issue framed by the court
Whether the authority is directed to accept the security amount and performance guarantee as per Ext.P1 by adjusting 50% from the pending bill amount in Ext.P2.
Abdul Nazar P.
The Superintending Engineer, Kerala Public Works Department
The Executive Engineer, Special Building Section, Malappuram
The Assistant Engineer, Public Works Department
The Executive Engineer, PWD Building Division, Malappuram
GP.K.V.Manoj Kumar
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
