Allowed

Ullattil Builders v. the Divisional Railway Manager (Works)

Kerala HC20 Jan 2020WP(C)/264/2020

Case brief

AI extract

What is this about?

Writ petition by a builder seeking mandatory direction to release third part and final bill amounts due under two railway works contracts. Court disposed of the petition directing immediate payment by a specified deadline.

What did the court decide?

Directing the respondents to release the pending third part and final bill amounts to the petitioner without further delay by April 30, 2020.

Ullattil Builders Vs the Divisional Railway… — 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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MONDAY, THE 20TH DAY OF JANUARY 2020 / 30TH POUSHA, 1941

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WP(C).No.264 OF 2020(G)

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PETITIONER:

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M/S.ULLATTIL BUILDERS, ATHENS COMPOUND HOUSE, NALLORANGADI, FEROKE, KOZHIKODE- 673 631, REPRESENTED BY ITS PROPRIETOR, JABEER.U, AGED 33 YEARS, S/O.UMMERKOYA, ATHENS COMPOUND HOUSE, NALLORANGADI, FEROKE, KOZHIKODE-673 631.

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

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RESPONDENTS:

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1 THE DIVISIONAL RAILWAY MANAGER(WORKS), SOUTHERN RAILWAY, TRIVANDRUM- 650 014.

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2 THE SENIOR DIVISIONAL FINANCE MANAGER, SOUTHERN RAILWAY, DIVISIONAL OFFICE, TRIVANDRUM- 650 014.

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3 THE DIVISIONAL ENGINEER (NORTH), WORKS BRANCH, DIVISIONAL OFFICE, TRIVANDRUM- 650 014.

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4 THE SENIOR SECTION ENGINEER (WORKS), SOUTHERN RAILWAY, THRISSUR- 680 021.

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BY ADV. SRI.A.DINESH RAO, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.264 OF 2020

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JUDGMENT

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Dated this the 20th day of January 2020

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This writ petition is filed seeking the following prayers:

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“i) Issue a Writ of mandamus or any other Writ, Order or direction directing the respondents to release the amount of Rs.18,92,095.14/- due to the petitioner towards third part bill due in respect of the work of 'Development of Thrissur Colony as Model Colony under Corporate Welfare Plan' forth with

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ii) Declare that petitioner is entitled to get Rs.18,92,095.14/- due towards third part bill in respect of the work of 'Development of Thrissur Colony as Model Colony under Corporate Welfare Plan'

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iii) Issue a Writ of mandamus or any other Writ, Order or direction directing the respondents to release the amount of Rs.37,00,000/- due to the petitioner towards final bill due in respect of the work of 'Mulamkunnathukavu-Vallathol Nagar- Provision of Passenger Amenities to Develop as Adarsh Station' forth with

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iv) Declare that petitioner is entitled to get the amount of Rs.37,00,000/- due towards final bill in respect of the work of 'Mulamkunnathukavu- Vallathol Nagar- Provision of Passenger Amenities to Develop as Adarsh Station' and

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v) Pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

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Heard the learned counsel for the petitioner and the

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learned standing counsel appearing for the respondents.

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It is submitted by the learned counsel for the petitioner

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that the writ petitioner had raised third and final bill in respect of

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the work alloted to the petitioner as per Ext.P1. It is further

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WP(C).No.264 OF 2020

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submitted that there is no dispute as to the completion of the work of the petitioner and the bill is not being paid in spite of the fact that it has been pending for nearly an year.

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The learned standing counsel would submit that the work was executed in 2017 and that re-allocation of funds is necessary for meeting final bill which was submitted by the petitioner in June, 2019. It is submitted that the bill will be verified and payment should be made before the 30^th of April, 2020.

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Having considered the contentions advanced, I am of the opinion that the writ petition can be disposed of directing the payment of the amount due to the petitioner without any further delay, at any rate, on or before 30^th April 2020.

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The writ petition is ordered, accordingly.

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Sd/ANU SIVARAMAN JUDGE

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akv/20.01.2020

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WP(C).No.264 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF AGREEMENT NO 161/TVC/2017 DATED 13.11.2017 BETWEEN THE PETITIONER AND FIRST RESPONDENT

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EXHIBIT P2 TRUE COPY OF THE THIRD PART BILL SUBMITTED BY THE PETITIONER

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EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF AGREEMENT NO 160/TVC/2017 DATED 10.11.2017 BETWEEN THE PETITIONER AND FIRST RESPONDENT

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RESPONDENT'S/S EXHIBITS : NIL.

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//TRUE COPY// P.A. TO JUDGE

Ullattil Builders v. the Divisional Railway Manager (Works)

Case brief

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Ullattil Builders v. the Divisional Railway Manager (Works)

Case brief

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