The High Court of Kerala disposed of a writ petition filed by a contractor seeking directions to release unpaid certified bills for pipeline extension work. The court recorded that payments had been made and closed the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 16TH DAY OF OCTOBER 2020 / 24TH ASWINA, 1942 WP(C).No.17963 OF 2020(U)
PETITIONER:
M/S.ANKUSH INFRA PRIVATE LTD. VIII/1027, KOOVAPPADY, PERUMBAVOOR, ERNAKULAM - 683544, REPRESENTED BY ITS DIRECTOR, KAILASH GUPTA, AGED 54 YEARS, S/O.SHIVPRASAD KEJARIWAL.
BY ADVS. SRI.ANIL GEORGE SRI.JOBY JACOB PULICKEKUDY
RESPONDENTS:
1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM - 695033.
2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE, MALAPPURAM - 676505.
R1-R4 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.17963 OF 2020(U)
JUDGMENT
Dated this the 16th day of October 2020
The petitioner is a contractor who has executed the work -
“MLA-LAC-ADS-2016-2017 – Pipeline extension to various places in Valavannur Panchayath from WSS to Valavannur and Kalpakanchery
Panchayaths” for the Water Authority, after executing Ext.P1 agreement. This writ petition is filed seeking direction to the respondents to release the CC 1st and Part bill and CC 2nd and final bill.
is already made for the bills. However, the learned Counsel for the petitioner submits that the 1st bill alone is paid and the final bill is yet to be paid. The learned Standing Counsel submits that in case the same is not paid, payment would be made within a period of three
months from the date of receipt of a copy of this judgment.
Recording the same, this writ petition is closed.
Sd/-
P.V.ASHA JUDGE
Bb/19/10/2020
WP(C).No.17963 OF 2020(U)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE PHOTOCOPY OF THE AGREEMENT DATED 17.11.2017 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT. EXHIBIT P2 TRUE PHOTOCOPY OF THE CC 1ST AND PART BILL ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3 TRUE PHOTOCOPY OF LETTER ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT ON 21.04.2018. EXHIBIT P4 TRUE PHOTOCOPY OF THE CC 2ND AND FINAL BILL ISSUED BY THE 3RD RESPONDENT. EXHIBIT P5 TRUE PHOTOCOPY OF LETTER ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT ON 30.01.2019.
RESPONDENTS' EXHIBITS:
NIL
[True copy]
P.A to Judge
Bb
1 issue framed by the court
Whether the respondents should be directed to release the unpaid certified cost plus contract bills.
M/S. Ankush Infra Private Ltd.
Kerala Water Authority (Managing Director)
Superintending Engineer, Kerala Water Authority
Executive Engineer, Project Division, Kerala Water Authority
Finance Manager and Chief Accounts Officer, Kerala Water Authority
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
