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Basil Varghese, v. State of Kerala

Kerala HC17 Nov 2020WP(C)/11100/2020

Case brief

AI extract

What is this about?

Petitioner, a contractor, filed a writ petition claiming pending dues of over Rs. 11.7 lakhs for completed transport work. The Court directed the respondent Corporation to pay the admitted amount within six months.

What did the court decide?

Directed the 2nd respondent to pay the petitioner the admitted amount of Rs. 12,73,39 plus security deposit and balance bill sum of Rs. 4,17,839 within six months.

Basil Varghese, Vs State of Kerala — Service and Employment | 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 SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942

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WP(C).No.11100 OF 2020(J)

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PETITIONER:

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BASIL VARGHESE, AGED 24 YEARS, S/O. K.P.VARGHESE, KANJIRATHUMKUDY HOUSE, NEDUNGAPARA P.O., PANICHAYAM, ERNAKULAM DISTRICT.

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BY ADVS. SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SRI.S.PRAVEEN SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SHRI.MATHEW K.T.

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 KERALA STATE BAMBOO CORPORATION LTD., POST BOX NO.20, ANGAMALI SOUTH P.O., ERNAKULAM-683 573, REPRESENTED BY ITS MANAGING DIRECTOR.

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3 THE MANAGING DIRECTOR KERALA STATE BAMBOO CORPORATION LTD., POST BOX NO.20, ANGAMALI SOUTH P.O., ERNAKULAM-683 573.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.11100 OF 2020(J)

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JUDGMENT

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The petitioner is a contractor, who

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was awarded the work of transporting of reeds

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from its collection centres from the manufacturing units, after executing an agreement in the year 2015.

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2. It is stated that on the basis of

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Ext.P2 information collected by the petitioner, a sum of Rs.1,27,339/- is due towards the balance bill amount; Rs.50,000/towards Security Deposit and a sum of Rs.4,17,839/- is the total amount due to the petitioner. It is stated that the bill amount itself comes to Rs.2,40,500/-. It is also stated that a sum of Rs.1 lakh was disbursed to him in September, 2019.

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3. The learned Standing Counsel on

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instructions submitted that the 2^nd respondent

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WP(C).No.11100 OF 2020(J)

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is facing severe financial stringency and it is unable to make any payment.

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However as the petitioner has completed the work in the year 2018, there shall be a direction to the 2^nd respondent to make the payment of admitted amount, within a period of six months from today. In case the petitioner has submitted any representation, that shall also be considered.

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Accordingly, the writ petition is disposed of. Sd/-

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WP(C).No.11100 OF 2020(J)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF AGREEMENT DATED 1.4.2015 ENTERED INTO BETWEEN PETITIONER AND 3RD RESPONDENT.

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EXHIBIT P2 TRUE COPY OF LETTER NO.EST/RTI/2018/557 DATED 02.11.2018.

Basil Varghese, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Basil Varghese, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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