Dismissed

Youhan Anwar, v. Corporation of Kochi

Kerala HC25 Feb 2019WP(C)/4368/2019

Case brief

AI extract

What is this about?

The High Court of Kerala, in this writ petition, directed the Secretary of the Corporation of Kochi to take into account 18 bills submitted by a contractor within one month and finalize the amount, provided there are no legal impediments or defects in the work.

What did the court decide?

Direction to the Secretary to take into account Exts.P1 to P18 bills and finalize the amount within one month.

Youhan Anwar, Vs Corporation of Kochi — Execution and Attachment | 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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MONDAY ,THE 25TH DAY OF FEBRUARY 2019 / 6TH PHALGUNA, 1940 WP(C).No. 4368 of 2019

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PETITIONER/S:

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YOUHAN ANWAR, AGED 39 YEARS W/O K.S.ANWAR, PROPRITRIX, SOORYA ENGINEERING, KOVILVATTOM ROAD, ERNAKULAM , NOW RESIDING AT RAMZAN MANZIL, KIZHAKKEKKARA, THRIKKAKARA P.O.KAKKANAD- 682 021.

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BY ADVS. SRI.JOY GEORGE SMT.PRAICY JOSEPH SMT.TANYA JOY SRI.VINO JOSE

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RESPONDENT/S:

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1 CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, CORPORATION OF KOCHI, KOCHI-682 011.

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2 THE CORPORATION ENGINEER, CORPORATION OF KOCHI, KOCHI-682 011.

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BY ADV. SRI.P.FAZIL,SC, COCHIN CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4368 of 2019

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JUDGMENT

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Petitioner, a registered B class Contractor, was engaged by the Corporation of Cochin for carrying out certain works. According to the petitioner, the work was completed, bills were raised, evident from Exts.P1 to P16. However, the amounts are not released to the petitioner, thus seeks appropriate directions.

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Having heard learned Counsel for the petitioner and the learned Standing Counsel for the respondent Corporation, this writ petition is disposed of, directing the Secretary of the 1^st respondent Corporation to take into account Exts.P1 to P18 bills, submitted by the petitioner and finalise the same in accordance with law, at the earliest and at any rate within one month from the date of receipt of a copy of this judgment. I also make it clear that, if there are no legal impediments standing in the way and the work completed by the petitioner are remaining defect free, the amounts shall be released to the petitioner, within the time frame.

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The writ petition is disposed of, accordingly.

Sd/

SHAJI P.CHALY

JUDGE

Jm/

WP(C).No. 4368 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	THE PHOTOCOPY OF BILL DATED 27.7.2018 FOR AN AMOUNT OF RS 4,64,011/- IN FILE NO ISO/MOE 5/0047/18
EXHIBIT P2	THE PHOTOCOPY OF BILL DATED 21.7.2018 FOR AN AMOUNT OF RS 4,87,363/- IN FILE NO ISO/MOE 4-4499/18
EXHIBIT P3	THE PHOTOCOPY OF BILL DATED 17.11.2018 FOR AN AMOUNT OF RS 3,18,582/- IN FILE NO ISO/MOE 5-0046/18
EXHIBIT P4	THE PHOTOCOPY OF BILL DATED 11.12.2018 FOR AN AMOUNT OF RS 16,72,127/- IN FILE NO ISO/MOE 4-36942/16
EXHIBIT P5	THE PHOTOCOPY OF BILL DATED 13.12.2018 FOR AN AMOUNT OF RS 2,85,556/- IN FILE NO ISO/MOE 5-46497/17
EXHIBIT P6	THE PHOTOCOPY OF BILL DATED 15.12.2018 FOR AN AMOUNT OF RS 32,74,834/- IN FILE NO ISO/MOE 5/10835/16
EXHIBIT P7	THE PHOTOCOPY OF BILL DATED 13.12.2018 FOR AN AMOUNT OF RS 2,96,527/- IN FILE NO ISO/MOE 5/0045/18
EXHIBIT P8	THE PHOTOCOPY OF BILL DATED 11.12.2018 FOR AN AMOUNT OF RS 9,39,533/- IN FILE NO ISO/MOE 5-1751/17
EXHIBIT P9	THE PHOTOCOPY OF BILL DATED 11.12.2018 FOR AN AMOUNT OF RS 9,75,818/- IN FILE NO ISO/MOE 4-39263/16
EXHIBIT P10	THE PHOTOCOPY OF BILL DATED 31.1.19 FOR AN AMOUNT OF RS 2,14,096/- IN FILE NO ISO/MOE 3/4493/18
EXHIBIT P11	THE PHOTOCOPY OF BILL DATED 29.1.2019 FOR AN AMOUNT OF RS 2,77,699/- IN FILE NO ISO/MOE 3-16184/17
EXHIBIT P12	THE PHOTOCOPY OF BILL DATED NIL FOR AN

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WP(C).No. 4368 of 2019

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	AMOUNT OF RS 4,28,056/- IN FILE NO ISO/MOE 3-16173/17
EXHIBIT P13	THE PHOTOCOPY OF BILL DATED NIL FOR AN AMOUNT OF RS 23,60,995/- IN FILE NO ISO/MOE 3/10931/17
EXHIBIT P14	THE PHOTOCOPY OF BILL DATED NIL FOR AN AMOUNT OF RS 2,80,779/- IN FILE NO ISO/MOE 3-46805/17
EXHIBIT P15	THE PHOTOCOPY OF BILL DATED 29.1.2019 FOR AN AMOUNT OF RS 3,03,242/- IN FILE NO ISO/MOE 3-16183/17
EXHIBIT P16	THE PHOTOCOPY OF BILL DATED 29.1.2019 FOR AN AMOUNT OF RS 2,06,388/- IN FILE NO ISO/MOE 4/17441/17
EXHIBIT P17	THE PHOTOCOPY OF BILL DATED 29.1.2019 FOR AN AMOUNT OF RS 8,98,270/- IN FILE NO ISO/MOE 3/16182/17
EXHIBIT P18	THE PHOTOCOPY OF BILL DATED 31.1.2019 FOR AN AMOUNT OF RS 4,89,623/- IN FILE NO ISO/MOE 3/05290/18
EXHIBIT P19	THE PHOTOCOPY OF THE BANK DETAILS DATED 2.2.2018 ISSUED BY ORIENTAL BANK OF COMMERCE SHOWING THE LIABILITY OF THE PETITIONER
EXHIBIT P20	THE PHOTOCOPY OF THE BANK DETAILS DATED14.8.17 ISSUED BY AYYANADU SERVICE CO- OPERATIVE BANK SHOWING THE LIABILITY OF THE PETITIONER
EXHIBIT P21	THE PHOTOCOPY OF THE REPRESENTATION DATED 1.2.2019 SUBMITTED BY THE PETITIONER
EXHIBIT P22	THE PHOTOCOPY OF THE INTERIM ORDER DATED 14.11.2017 IN WPC NO 36245/2017
EXHIBIT P23	THE PHOTOCOPY OF THE INTERIM ORDER DATED 20.11.17 IN WPC NO 36314/2017

Youhan Anwar, v. Corporation of Kochi

Case brief

What is this about?

What did the court decide?

Youhan Anwar, v. Corporation of Kochi

Case brief

What is this about?

What did the court decide?

What the court decided

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