Writ appeal against Single Judge's order declining interim relief in a contract dispute. The permanent bench granted liberty to the appellant to seek an urgent hearing before the writ court.
Liberty granted to the appellant to seek an urgent hearing before the writ court.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 11TH DAY OF AUGUST 2020 / 20TH SRAVANA, 1942
WA.No.965 OF 2020
AGAINST THE ORDER IN WP(C)11850/2020(E)OF HIGH COURT OF KERALA dated 9.7.2020
APPELLANTS/PETITIONERS:
M/S G.J. ECO POWER PVT. LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT DOOR NO.X/63 SARAYU COMPLEX, SEAPORT-AIRPORT ROAD, KAKKANAD, COCHIN-682 030, REPRESENTED BY ITS DIRECTOR, MR.JAMES ADAI, S/O FR. ADAI JACOB, AGED 36
BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA SRI.R.GITHESH SRI.MANJUNATH MENON SHRI.CYRIAC TOM
RESPONDENTS:
1 THE COCHIN MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, PARK AVENUE ROAD, COCHIN 682 011
5 THE KERALA STATE INDUSTRIES DEVELOPMENT CORPORATION, KOWDIAR, THIRUVANANTHAPURAM, KERALA, PIN 695 033.
SRI.S.SUDHEESH KUMAR FOR R1 AND R2 SR.GP SRI.SURIN GEORGE IPE FOR R3 AND R4 SRI.P.U.SHAILAJAN FOR R5
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.965 OF 2020 : 2 :
JUDGMENT
Dated this the 11th day of August 2020
S.MANIKUMAR, C.J.
This writ appeal has been filed challenging the correctness of the interim order dated 9.7.2020 in W.P.(C)No.11850 of 2020 by which, the learned Single Judge declined to grant the interim relief sought for in the writ petition.
W.A.No.965 OF 2020
: 3 :
W.A.No.965 OF 2020
: 4 :
2020, which culminated in Ext.P32 judgment, is to be considered at the time of final hearing.
For the reasons mentioned above, the prayers for interim relief is declined.
Post the writ petition for hearing.”
submitted that the learned single judge has declined to grant the interim relief sought for without considering the pleadings and additional documents produced by the appellant and further contended that in view of the decision of the Division Bench of this court in Vijayakumar v. Land Development Corporation Limited (2020 (3) KLT 773) , there was no question of fact to be adjudicated, but the admitted facts enables the Government to invalidate Ext.P1 and further direction to the Corporation to cancel the concession agreement and the jurisdiction of this court under Article 226 is not ousted and in such circumstances, sought for a direction to set aside the impugned interim order dated 9.7.2020. Having perused the materials available on record, we are not inclined to delve into the above said conclusions, on the other hand, taking note of the facts that the writ court has directed listing of the matter for hearing. We are of
W.A.No.965 OF 2020 : 5 :
the view that the matter requires an early consideration by the writ court.
Pending interlocutory applications, if any, shall stand closed.
sd/-
S.MANIKUMAR CHIEF JUSTICE
sd/-
SHAJI P. CHALY JUDGE
jes
2 issues framed by the court
Whether the High Court should interfere with the Single Judge's refusal to grant interim relief pending the hearing of the writ petition.
Whether the writ petition requires urgent consideration by the single judge given the fresh tender floated by the corporation.
Colour shows how this judgement treated each authority
Vijayakumar v. Land Development Corporation LimitedReferred¶39
_Vijayakumar v. Land Development Corporation Limited (2020 (3) KLT 773)_
2 provisions across 2 enactments
M/s G.J. Eco Power Pvt. Ltd
The Cochin Municipal Corporation
The Secretary, Cochin Municipal Corporation
The State of Kerala
The State Level Advisory Committee on Waste Management
The Kerala State Industries Development Corporation
Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
