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Thajudeen.a v. State of Kerala

Kerala HC24 Jan 2020WP(C)/1158/2020

Case brief

AI extract

What is this about?

High Court of Kerala directed the second respondent to adjust the bill amount due to the petitioner from the PWD towards the performance security required under the Letter of Acceptance for a public works contract.

What did the court decide?

Direction to the second respondent to adjust the bill amounts pending to the petitioner from the PWD towards the performance security required in Extract P1.

Thajudeen.a Vs State of Kerala — 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 MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 24TH DAY OF JANUARY 2020 / 4TH MAGHA, 1941

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WP(C).No.1158 OF 2020(T)

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PETITIONER :-

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THAJUDEEN.A PWD CONTRACTOR,'THOPPIL VEEDU', THOLIKKUZHI, ADAYAMON.P.O, KILIMANOOR, THIRUVANANTHAPURAM - 695 614.

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BY ADV. SRI.AJITH KRISHNAN

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RESPONDENTS :-

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1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE PROJECT DIRECTOR, PROJECT MANAGEMENT UNIT, KERALA ROAD FUND BOARD, SREEBALA BUILDINGS, T.C.339, 5TH FLOOR, KESTON ROAD, NANTHENCODE, KOWDIAR.P.O, THIRUVANANTHAPURAM - 695 003.

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3 THE CHIEF ENGINEER, P.W.D.ROADS AND BRIDGES, THIRUVANANTHAPURAM - 33.

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4 EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM - 695 033.

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BY SMT.B. VINEETHA, GOVERNMENT PLEADER BY SRI.R. RAJASEKHARAN NAIR, SC, KRFB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1158 OF 2020(T)

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-: 2 :-

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JUDGMENT

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Dated this the 24th day of January 2020

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This writ petition is filed seeking directions to the respondents to adjust the Ext.P2 bill due to the petitioner towards performance security as required for Ext.P1 work. The learned counsel for the petitioner submits that an amount of more than Rs.3 Crore is pending payment to the petitioner and that the pending bills are liable to be adjusted towards the performance security required as per Ext.P1. The performance security required in Ext.P1 is an amount of Rs.1,52,93,800/-.

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The learned Government Pleader, on instructions from the Executive Engineer of the PWD, submits that the bill amount which is due to the petitioner in respect of the work covered by Ext.P2 comes to Rs.3,43,24,140/-. The learned Standing Counsel for the 2^nd respondent submits that the 2^nd respondent has no objection to adjust the bill amount due to the petitioner as per Ext.P2 towards performance security as provided in Ext.P1.

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In the above view of the matter, there will be a direction to the 2^nd respondent to adjust the bill amounts pending to the

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WP(C).No.1158 OF 2020(T)

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-: 3 :-

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petitioner from the PWD as evidenced by Ext.P2 towards the performance security as required in Ext.P1. Appropriate steps shall be taken without delay and the petitioner will be permitted to execute the agreement by extending the time for the said purpose, if found necessary.

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This writ petition is ordered accordingly.

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Sd/ANU SIVARAMAN JUDGE

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Jvt/24.1.2020

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WP(C).No.1158 OF 2020(T)

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-: 4 :-

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF LETTER OF ACCEPTANCE NO.159/PWD013- 05/PD/PMU-KRFB/TVPM/2019 DATED 10/01/2020.
EXHIBIT P2	TRUE COPY OF THE RELEVANT PAGES OF RUNNING ACCOUNT BILL DUE TO THE PETITIONER PENDING BEFORE THE 4TH RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE REPRESENTATION DATED 11/01/2020,TO THE 2ND RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE JUDGMENT DATED 20/04/2018 IN W.P.(c)NO.14027/2018.

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//TRUE COPY//

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P.A. TO JUDGE

Thajudeen.a v. State of Kerala

Case brief

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Thajudeen.a v. State of Kerala

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