Allowed

Hydro Electrical System v. Kerala Water Authority

Kerala HC17 Dec 2020WP(C)/22027/2020

Case brief

AI extract

What is this about?

In this petition, the petitioner, a contractor, sought writ relief for non-payment of bills regarding modernisation of a pumping station. The respondent counsel agreed to pay within four months, leading the court to dispose of the petition with a direction to make payment accordingly.

What did the court decide?

Direction given to the respondents to make payment within four months in accordance with priority.

Hydro Electrical System Vs Kerala Water… — Contract and Commercial Disputes | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.22027 OF 2020(C)

¶5

PETITIONER:

¶6

HYDRO ELECTRICAL SYSTEM MASTHAN GHORI STREET, NEAR AMBEDKAR STATUE, ADAMBAKKAM, CHENNAI - 600 088, REPRESENTED BY ITS PROPRIETOR ASHA RAGHAVAN, W/O. V. RAGHAVAN, AGED 54 YEARS, NO.1, TANGORE STREET, NILAMANGAI NAGAR, ADAMBAKKAM, CHENNAI - 600 088.

¶7

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

¶8

RESPONDENTS:

¶9

1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM - 695 033.

¶10

2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PH CIRCLE, OBSERVATORY HILLS, THIRUVANANTHAPURAM - 695 033.

¶11

3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, HEAD WORKS DIVISION, KERALA WATER AUTHORITY, ARUVIKKARA, THIRUVANANTHAPURAM - 695 564.

¶12

4 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM - 695 033.

¶13

BY SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C).No.22027 OF 2020(C)

¶16

¶17

J U D G M E N T

¶18

Petitioner is a Contractor who has undertaken

¶19

the work of Modernisation of Aruvikkara Pumping Station-Supply Erection, Testing and Commissioning of Raw Water and Clear Water Pump Sets and Substation improvement works. Even though the bills are furnished, payment is not made, so far.

¶20

Learned Standing Counsel Shri.Benjamin Paul submits that payment can be made within a period of four months in accordance with the priority.

¶21

Writ petition is therefore disposed of recording

¶22

the same with a direction to make the payment accordingly.

¶23

Sd/- P.V.ASHA, JUDGE

¶24

¶25

WP(C).No.22027 OF 2020(C)

¶26

¶27

APPENDIX

¶28

PETITIONER'S EXHIBITS:

¶29

EXHIBIT P1 TRUE PHOTOCOPY OF THE AGREEMENT DATED 05/12/2018 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT.

¶30

EXHIBIT P2 TRUE PHOTOCOPY OF WORK COMPLETION/ COMMISSIONING CERTIFICATE DATED 02/02/2020 ISSUED BY THE 3RD RESPONDENT.

¶31

EXHIBIT P3 TRUE PHOTOCOPY OF THE CB3 (CONTRACTOR BILL) VOUCHER ISSUED BY THE 3RD RESPONDENT DATED 18/05/2019.

¶32

EXHIBIT P4 TRUE PHOTOCOPY OF THE CB3 (CONTRACTOR BILL) VOUCHER ISSUED BY THE 3RD RESPONDENT DATED 30/08/2019.

¶33

EXHIBIT P5 TRUE PHOTOCOPY OF THE CB3 (CONTRACTOR BILL) VOUCHER ISSUED BY THE 3RD RESPONDENT DATED 29/11/2019.

Hydro Electrical System v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

Hydro Electrical System v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K.K.Gopalan Vs R.Girija I.A.S.

Unimoni Financial Services Ltd., Vs Idbi Bank Limited

Sangeetha R. Vs State Bank of India

Krishna Umesh Vs the Commissioner of Entrance Examination

C.S.Basheer Vs Kerala Gramin Bank

Omanakuttan Vs Taluk Supply Officer