Disposed

E.M.Paulose v. Kerala Water Authority

Kerala HC26 Nov 2020WP(C)/16555/2020

Case brief

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What is this about?

A government contractor filed a writ petition seeking payment of the final bill amount, which remained unsettled due to objections raised by KIIFB. The Court observed that objections regarding the petitioner's eligibility existed and directed the 2nd respondent to consider the petitioner's representation and pass appropriate orders.

What did the court decide?

The 2nd respondent directed to consider Ext.P6 representation, pass orders after hearing within six weeks, and complete consequential steps within two months.

E.M.Paulose Vs Kerala Water Authority — 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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THURSDAY, THE 26TH DAY OF NOVEMBER 2020/5TH AGRAHAYANA, 1942

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WP(C).No.16555 OF 2020(T)

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PETITIONER:

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E.M.PAULOSE, AGED 55 YEARS, S/O.MATHAI, EDAPPARAYIL HOUSE, KADAYIRUPPU P.O., KOLENCHERRY, ERNAKULAM DISTRICT.

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BY ADVS. SRI.JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE

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RESPONDENTS:

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1 KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-695033.

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2 THE SUPERINTENDING ENGINEER, PH CIRCLE, KERALA WATER AUTHORITY, THIRUVALLA, PATHANAMTHITTA-689101.

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3 THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, ADOOR-689694.

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4 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM-695033.

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5 THE CHIEF EXECUTIVE OFFICER, KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB), 2ND FLOOR, FELICITY SQUARE, KODER LN, PALAYAM, THIRUVANANTHAPURAM, KERALA-695001.

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R1-4 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY GOVERNMENT PLEADER SMT. RASHMI K.M

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.16555/2020

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J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 26^th day of November, 2020

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Petitioner, who is a registered A Class

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Government Contractor carrying out contract works for the Kerala Water Authority, is before this Court seeking to command the respondents to pay the bill amount mentioned in Ext.P3 final bill.

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The petitioner contends that the petitioner quoted tender work of 'KIIFB-WSS to Perunadu and Athikkayam Villages-Phase II-Package I-supplying and laying and laying Distribution System in Zone-I to VII laying CWPM from Sump near TP to Sump at Mannampuzha LL and CWPM from Mannampuzha LL to HL' and completed the work on 02.05.2019. The 3^rd respondent has issued Ext.P3 final bill also. However, the bill has not been settled.

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WP(C) No.16555/2020

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: 3 :

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During the pendency of the writ petition, the respondents have disbursed substantial amounts towards Ext.P3 bill.

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Learned Standing Counsel for the 1^st respondent submits that there are some disputes with regard to payment of balance amount as the Kerala Infrastructure Investment Fund Board has raised objections regarding certain items in the final bill. The Standing Counsel submitted that the petitioner has already filed Ext.P6 representation before the 2^nd respondent for payment of Ext.P3 bill and the same can be considered and appropriate decision can be taken within a period of one month.

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Heard.

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In view of the statement of the Standing Counsel for the 1^st respondent that the KIIFB has raised certain doubts regarding the eligibility of the petitioner to receive the

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full amount claimed as per Ext.P3, it is necessary that such objections be considered by the respondents and a decision be taken.

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WP(C) No.16555/2020

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: 4 :

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In such circumstances, the writ petition is disposed

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of directing the 2^nd respondent to consider Ext.P6 representation submitted by the petitioner and pass appropriate orders thereon taking into account all the facts and circumstances of the case. Such order shall be passed after giving an opportunity of hearing to the petitioner, within a period of six weeks. Consequential steps pursuant to such order shall be taken and completed within a further period of

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two months.

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Sd/-

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N. NAGARESH, JUDGE

aks/26.11.2020

WP(C) No.16555/2020

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE PHOTOCOPY OF AGREEMENT DATED 3.10.2017 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT. EXHIBIT P2 THE PHOTOCOPY OF WORK COMPLETION/COMMISSIONING CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 24.9.2019. EXHIBIT P3 TRUE PHOTOCOPY OF CB3 VOUCHER CC VTH AND FINAL BILL ISSUED BY THE 3RD RESPONDENT DATED 17.9.2019. EXHIBIT P4 TRUE PHOTOCOPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 17.9.2019. EXHIBIT P5 THE PHOTOCOPY OF NIT CONDITIONS SHOWING THE RELEVANT CLAUSE REGARDING GUARANTEE PERIOD. EXHIBIT P6 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 29.2.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT WITH COPY TO THE 3RD RESPONDENT.

E.M.Paulose v. Kerala Water Authority

Case brief

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E.M.Paulose v. Kerala Water Authority

Case brief

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