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P.C.Shaji, v. Kerala Water Authority

Kerala HC21 Mar 2019WP(C)/3740/2019

Case brief

AI extract

What is this about?

This writ petition was filed by a contractor seeking release of security and retention amounts. The court directed respondents to release the amounts within two months of receiving the judgment copy upon execution of a simple bond.

What did the court decide?

Directed respondents to release security and retention amounts within two months of receipt of judgment copy upon execution of a simple bond by the petitioner.

P.C.Shaji, Vs Kerala Water Authority — Service and Employment | 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 21ST DAY OF MARCH 2019 / 30TH PHALGUNA, 1940

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WP(C).No. 3740 of 2019

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PETITIONER/S:

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P.C.SHAJI, AGED 50 YEARS,

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S/O CHEMPAKAM PILLALI, PEEDIKAPARAMBIL, MOUNT SINAI ROAD, THODUPUZHA 685 584.

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BY ADVS. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE

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RESPONDENT/S:

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

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2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H. CIRCLE, KOLLAM-691 001.

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3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY PROJECT DIVISION, KOLLAM-691 001.

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R1 TO R3 BY ADV. SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3740 of 2019 2

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JUDGMENT

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This writ petition is filed by the petitioner, a

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contractor engaged by the Kerala Water Authority, seeking to release the security and retention amounts, on account of the contract awarded to the petitioner.

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According to the petitioner, in spite of earnest efforts by the petitioner, the same is not released and it is thus seeking appropriate directions, this writ petition is filed.

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I have heard learned counsel for the petitioner and learned Standing Counsel for the Water Authority and perused the pleadings and the documents on record.

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Leaned Standing Counsel submitted that, in accordance with the terms of the contract, the retention as well as the security amount is to be released only after commissioning of the project, since certain other works are to be completed,

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undertaken by other contractors, so far the work is commissioned.

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In that view of the matter, there will be a direction to the respondents to release the retention as well as security amounts to the petitioner at the

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WP(C).No. 3740 of 2019 3

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earliest possible time, and at any rate, within two months from the date of receipt of a copy of this judgment, on the petitioner executing a simple bond in favour of the 2^nd respondent.

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The writ petition is disposed of, accordingly.

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SHAJI P.CHALY JUDGE

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uu 21.03.2019

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WP(C).No. 3740 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE PHOTOCOPY OF THE AGREEMENT SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT DATED 24.6.2014

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EXHIBIT P2 TRUE PHOTOCOPY OF THE FINAL BILL CB3 VOUCHER ISSUED BY THE 3RD RESPONDENT

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RESPONDENT'S EXHIBITS:NIL

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//TRUE COPY//

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P.A. TO JUDGE

P.C.Shaji, v. Kerala Water Authority

Case brief

What is this about?

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P.C.Shaji, v. Kerala Water Authority

Case brief

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