Disposed

K.R.Baiju v. the General Manager, Southern Railway Head Quarters Office

Kerala HC18 Nov 2020WP(C)/17929/2020

Case brief

AI extract

What is this about?

This judgment concerns a writ petition by a contractor challenging non-payment of bills and materials for railway works. The petitioner sought release of security deposits, performance guarantees, and contract closure due to delays in material supply. The court summarized the dispute, noted the respondents' assurance of material availability, and disposed of the petition by directing the Railway t

What did the court decide?

Petitioner directed to proceed with work; respondents to make facilities available; extension request to be considered by Railway.

K.R.Baiju Vs the General Manager, Southern… — Contract and Commercial Disputes | Kerala HC (2020)

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WP(C).No.17929 OF 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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WEDNESDAY, THE 18TH DAY OF NOVEMBER 2020 / 27TH KARTHIKA, 1942

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WP(C).No.17929 OF 2020(M)

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PETITIONER/S:

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K.R.BAIJU AGED 48 YEARS S/O.RAGHAVAN, KODATH HOUSE, CHOWARA P.O., NEDUVANNOOR, ALUVA, ERNAKULAM.

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BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU

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RESPONDENT/S:

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1 THE GENERAL MANAGER, SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN, CHENNAI - 600 003.

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2 THE SENIOR DIVISIONAL ENGINEER, SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD - 678 101.

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3 THE DIVISIONAL RAILWAY MANAGER (WORKS), SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD - 678 002.

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4 THE DIVISIONAL ENGINEER (WEST), SOUTHERN RAILWAY, DIVISIONAL OFFICE, PALAKKAD - 678 002.

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R1-4 BY SRI.A.DINESH RAO, SC, RAILWAYS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.17929 OF 2020

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JUDGMENT

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Dated this the 18^th day of November 2020

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The Writ Petition is filed seeking the following reliefs:

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I. Issue a Writ of mandamus or any other writ, order or direction directing the respondents to release the final bill amount of around Rs.15 lakhs, Rs.58,99,110/- by way of security deposit and performance guarantee and the amount due under price variation clause in respect of the work undertaken as per Ext.P1 agreement issued by the 3^rd respondent forth with.

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II. Issue a writ of mandamus or any other writ, order or direction directing the respondents to foreclose the contract in respect of the work undertaken as per Ext.P1 agreement issued by 3^rd respondent.

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The petitioner had a complaint that he could not complete the work since respondents could not make available the materials which are required. The petitioner completed all the works except renewal of points and crossings (P&C) which was delayed for want of procurement of rail switches by the Railway. At the time of filing the Writ Petition 7^th bill was pending payment.

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Respondents have filed a counter affidavit stating that payment towards 7^th bill has already been made. Even though the petitioner had expressed his desire to get the contract work closed the petitioner subsequently agreed to continue the work provided the respondents make available all the facilities. The learned counsel for the respondents submitted that 9 rail switches are made available and petitioner can resume the work.

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WP(C).No.17929 OF 2020

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According to the learned counsel for the petitioner 15 more rail switches are required. The learned Standing Counsel submitted that the same would be made available in accordance with the progress of work.

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Therefore petitioner is free to proceed with the work and respondents would make available the facilities for completion of the work. The request if any made by the petitioner for extension of period of contract would be considered by the Railway in accordance with law.

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The Writ Petition is disposed of accordingly.

Sd/-

P.V.ASHA

JUDGE

rkc

WP(C).No.17929 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF RELEVANT PAGE OF AGREEMENT NO.J/102 DATED 25/04/2019. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 03/08/2020 ISSUED BY PETITIONER TO THE FOURTH RESPONDENT.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R3A TRUE COPY OF THE RIDER AGREEMENT EXECUTED BY THE PETITIONER EXHIBIT R3B TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER AND DATED 28.09.2020

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EXHIBIT R3 C TRUE COY OF THE RELEVANT PAGE OF THE GENERAL CONDITIONS OF CONTRACT DEALING WITH THE DISPUTES AND INVOCATION OF ARBITRATION EXHIBIT R3D TRUE COPY OF THE RELEVANT PAGE OF CLAUSE 16(I) OF THE GENERLA CONDITIONS OF CONTRACT. EXHIBIT R3E TRUE COPY OF THE CLAUSE 28(1) OF THE SPECIAL CONDITINS OF CONTRACT.

K.R.Baiju v. the General Manager, Southern Railway Head Quarters Office

Case brief

What is this about?

What did the court decide?

K.R.Baiju v. the General Manager, Southern Railway Head Quarters Office

Case brief

What is this about?

What did the court decide?

What the court decided

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