Disposed

Heather Constructions v. Union of India

Kerala HC1 Dec 2020WP(C)/10457/2020

Case brief

AI extract

What is this about?

In a writ petition filed by a construction firm for payment of an admitted bill, the High Court directed the respondent to release a retained amount pending receipt of a lift operating license and extend necessary assistance for recovering excess payments remitted to the Income Tax Department.

What did the court decide?

Direction to release retained amount of ₹5,52,986/- and assist in getting credit of excess payment to Income Tax.

Heather Constructions Vs Union of India — Contract and Commercial Disputes | Kerala HC (2020)

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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 N.NAGARESH

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TUESDAY,THE 01ST DAY OF DECEMBER 2020/10TH AGRAHAYANA,1942

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WP(C).No.10457 OF 2020(F)

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PETITIONER:

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M/S.HEATHER CONSTRUCTIONS, REPRESENTED BY ITS MANAGING DIRECTOR, T.C.9/1226,MANGALAM LANE,SASTHAMANGALAM, THIRUVANANTHAPURAM 695 010.

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BY ADVS. SRI.V.G.ARUN (K/795/2004) SMT.V.JAYA RAGI SRI.R.HARIKRISHNAN (KAMBISSERIL) SRI.NEERAJ NARAYAN

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY PRINCIPAL SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA 110 001.

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2 STATE OF KERALA,REPRESENTED BY PRINCIPAL SECRETARY HEALTH.

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3 SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, TVM 695 001.

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4 STATE MISSION DIRECTOR (SMD), NHM, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM 695 035.

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5 THE CHIEF ENGINEER,NHM, STATE MISSION, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM 695 035.

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6 HSCC (INDIA) LTD.,DEPUTY GENERAL MANAGER, CORPORATE OFFICE E-R(A) , SECTOR -1, NOIDA (UP), 201 301.

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R4-R5 BY SRI.M.AJAY,SC R6 BY ADV. SMT.K.N.RAJANI

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WP(C) No.10457/2020

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R6 BY ADV. SRI.RADHIKA RAJASEKHARAN P. R6 BY ADV. SRI.K.P.SHIBU R6 BY ADV. SMT.ANILA PETER R6 BY ADV. SRI.SAJEN THAMPAN R6 BY ADV. SRI.ANIL S.RAJ BY GOVERNMENT PLEADER SMT.K.M.RASHMI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.10457/2020

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J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 1^st day of December, 2020

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Petitioner, a Firm engaged in construction

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business, has undertaken a work on behalf of National Health Mission. The writ petition has been filed seeking for a direction commanding respondents 4 to 6 to effect the payment of the admitted bill amount to the petitioner within a time limit prescribed by this Court.

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There is no dispute about satisfactory completion of the work under Ext.P1 Award and Ext.P2 Agreement, by the petitioner. The learned counsel for the petitioner submitted that the admitted bill amount is ₹1,49,58,311.71. It is an admitted case that the petitioner has already received an amount of ₹1,25,35,757/- on 24.10.2020. According to the petitioner, the balance amount would be ₹27,02,251/-. As per Ext.R4(j), after making statutory deductions, the amount payable would be ₹15,94,809/-.

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WP(C) No.10457/2020

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The learned Standing Counsel for the 6^th

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respondent submitted that the 6^th respondent has already released an amount of ₹15,94,809/- due to the petitioner. The Standing Counsel further submitted that an amount of ₹5,52,986/- has been retained by the 6^th respondent and the same can be disbursed after Electrical Inspectorate Authorities inspect the lift and grant lift operating licence. It is also submitted that an amount of ₹5,58,021/- has been remitted by the 6^th respondent with the Department of Income Tax by effecting excess recovery from the petitioner. According to the counsel for the 6^th respondent, the petitioner has already taken credit for the said amount from the Department of Income Tax. If these two amounts are taken into account, will be no substantial balance amount payable to the petitioner from the 6^th respondent.

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Counsel on either side submitted that this writ petition can be closed recording the submissions made by the counsel for the 6^th respondent.

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Accordingly, the afore submissions made by the

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WP(C) No.10457/2020

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counsel for the 6^th respondent are recorded. The 6^th respondent shall release the amount of ₹5,52,986/- retained by them to the petitioner on receipt of lift operating licence from the Electrical Inspectorate. The 6^th respondent shall also extend necessary assistance to the petitioner to get credit of the excess payment made to the Income Tax Department, if required.

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Writ petition is disposed of as above.

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Sd/- N. NAGARESH, JUDGE

aks/01.12.2020

WP(C) No.10457/2020

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF NOTIFICATION OF AWARD
	DATED 30.01.2015 BEARING NO. HSCC/NRHM/SAT/KERALA/2014/3D CALL ISSUED BY THE 6TH RESPONDENT
	ACCEPTING THE FINAL OFFER FOR A TOTAL ESTIMATED CONTRACT PRICE OF RS. 24,08,20,739 (RUPEES TWENTY FOUR CRORES, EIGHT LAKHS, TWENTY THOUSAND, SEVEN HUNDRED AND THIRTY NINE ONLY).
EXHIBIT P2	TRUE COPY OF THE FORM OF AGREEMENT DATED 03.03.2015 BETWEEN STATE MISSION DIRECTOR, NRHM GOVERNMENT OF KERALA FOR THE CONSTRUCTION OF 100
	BED MCH BLOCK AT SAT HOSPITAL, THIRUVANANTHAPURAM , KERALA UNDERNRHM AND M/S.HEALTHER COSNTRUCTIONS T.C. 9/1226, MANGALAM LANE, SASTHAMANGLAM, THIRUVANANTHAPURAM 695 010.
EXHIBIT P3	TRUE COPY OF THE COMPLETION CERTIFICATE DATED 30.06.2016 ISSUED AND SINGED BY THE 6TH RESPONDENT
	COUNTER SIGNED BY SUPT/MO
	SUPERINTENDENT MEDICAL COLLAGE HOSPITAL, THIRUVANANTHAPURAM.
EXHIBIT P4	TRUE COPY OF THE LETTER COMMUNICATION AND MEMORANDUM OF PAYMENT BY THE 6TH RESPONDENT DATED 04.02.2019.
EXHIBIT P5	TRUE COPY OF THE MEMORANDUM OF PAYMENT ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE LETTER NOTIFICATION FROM HSCC TO NRHM DATED 11.06.2019
	IWHT REF NO. HSCC/SAT-TVM/2016/77.

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WP(C) No.10457/2020

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R6	(a) TRUE COPY	AGREEMENT DATED	03.03.	2015
	ENTERED	INTO BETWEEN	THE	4TH
	RESPONDENT RESPONDENT	REPRESENTED	BY	6TH
EXHIBIT R6	(b) TRUE COPY SETTLEMENT	OF GCC CLAUS OF DISPUTES AND	E 25 ARBITRA	VIZ TION
	BEING THE	RELEVANT PAGE	S OF	THE
	AGREEMENT	DATED 03.03.20	15 ENT	ERED
	INTO BETWE	EN THE PETITION	ER AND	4TH
	RESPONDENT RESPONDNET	REPRESENTED BY	THE	6TH
EXHIBIT R6	(c) TRUE COPY 1(x) OF CONTRACT B THE AGREEM	THE CLAUSE I (F) SPECIAL CONDITI EING THE RELEVAN ENT DATED 03.03.2	1 (v) ON OF T PAGES 015 ENT	AND THE OF ERED
	INTO BETWE	EN THE PETITION	ER AND	4TH
	RESPONDNET RESPONDENT	REPRESENTED .	BYTHE	6TH
EXHIBIT R6	(d) TRUE COPY 6TH RESPON DATED 11.0	OF THE LETTER I DENT TO THE 5TH 6.2019	SSUED B RESPON	YTHE DENT
EXHIBIT R6	(e) TRUE COPY 5TH RESPON DATED 17.0	OF THE LETTER IS DNET TO THE 6TH 7.20-19	SUED BY RESPON	THE DENT
EXHIBIT R6	(f) TRUE COPY DATED 14.1	OF LETTER 5TH 0.2019.	RESPON	DENT

Heather Constructions v. Union of India

Case brief

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Heather Constructions v. Union of India

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