Disposed

Greenworth Infrastructure Pvt. Ltd., v. Kerala State Construction Corporation Limited

Kerala HC17 Dec 2020WP(C)/27472/2020

Case brief

AI extract

What is this about?

Petitioner challenged termination of road construction contract and allocation of different work. Court directed respondent General Manager to consider petitioner's representations and pass orders after hearing.

What did the court decide?

Direction to respondent to consider representations and pass orders after hearing within two months.

Greenworth Infrastructure Pvt. Ltd., Vs… — 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 SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.27472 OF 2020(H)

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PETITIONER:

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GREENWORTH INFRASTRUCTURE PVT. LTD., 32/2982-B, SAHRUDAYA BUILDINGS, PONNURUNNI, VYTTILA, KOCHI-682 019, REPRESENTED BY ITS MANAGING DIRECTOR, P.J. GEORGE, S/O. LATE JOSEPH, AGED 53 YEARS.

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BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SMT.K.S.ARCHANA

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RESPONDENTS:

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1 KERALA STATE CONSTRUCTION CORPORATION LIMITED, REGISTERED OFFICE, OLD PWD STORE COMPOUND, NEAR BSNL OFFICE, PMG JUNCTION, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS MANAGING DIRECTOR.

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2 GENERAL MANAGER, KERALA STATE CONSTRUCTION CORPORATION LIMITED, ADMINISTRATIVE OFFICE, DOOR NO.30/1521-A, BAY UNDER THE BRIDGE, NORTHERN SIDE OF RAILWAY, PONNURUNNI P.O, VYTTILA, KOCHI-682 019.

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BY ADV. SMT.K.J.GISHA, SC

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

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WP(C).No.27472 OF 2020(H)

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JUDGMENT

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The petitioner, who is a contractor was awarded the work of construction of Aalkkallu Valiyattikadavu Peringassery Road at

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Udumbannur Grama Panchayath in Idukki District.

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2. It is stated that after certain extensions were granted and supplementary agreement was executed, the contract was terminated as per Ext.P15 on 24.10.2017 at the risk and cost of the petitioner forfeiting the Bank Guarantee, Performance Guarantee etc. The petitioner claims that while rearranging, a different work was given as per Ext.P15(a). Pointing out this, petitioner had submitted Ext.P16 representation followed by Exts.P17 and P17(a).

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3. The learned counsel for the petitioner submits that petitioner would be satisfied

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WP(C).No.27472 OF 2020(H)

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with a direction to the 2^nd respondent to consider the same.

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Therefore the writ petition is disposed of directing the 2^nd respondent to consider and pass orders on the representations, after affording an

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opportunity of hearing to petitioner, within a period of two months from the date of receipt of a copy of the judgment. Sd/P.V.ASHA JUDGE

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WP(C).No.27472 OF 2020(H)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE WORK ORDER NO.CC/GM(E)/ EKM/48/2016/4595 DATED 25.5.2016 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE AGREEMENT NO.CC/GM(E)/DT/
	30/EKM/2016-17 DATED 17.6.2016 EXECUTED
	BETWEEN THE 2ND RESPONDENT AND THE PETITIONER.
EXHIBIT P3	TRUE COPY OF THE SCHEDULE OF THE WORK INVOLVED IN EXT.P2 AGREEMENT.
EXHIBIT P4	TRUE COPY OF THE TREASURY SAVINGS BANK TERM DEPOSIT CERTIFICATE DATED 7.6.2016 WORTH RS.6,60,000/-, PLEDGED WITH THE 2ND RESPONDENT, AT THE TIME OF EXECUTING EXT. P2 AGREEMENT.
EXHIBIT P5	TRUE COPY OF THE ACKNOWLEDGEMENT FORM OF HANDING OVER THE SITE TO THE CONTRACTOR, IN PURSUANCE TO EXT. P2 AGREEMENT.
EXHIBIT P5(A)	TRUE COPY OF THE PROCEEDING DATED 11.2.2016
	OF THE PROJECT OFFICER, INTEGRATED SCHEDULED TRIBE DEVELOPMENT PROJECT, IDUKKI.
EXHIBIT P6	TRUE COPY OF THE SUPPLEMENTARY AGREEMENT DATED 23.11.2016 EXECUTED BETWEEN THE 2ND RESPONDENT AND THE PETITIONER.
EXHIBIT P6(A)	TRUE COPY OF THE PROCEEDING DATED 26.12.2016 OF THE DIVISIONAL FOREST OFFICER, KOTHAMANGALAM DIVISION.
EXHIBIT P7	TRUE COPY OF THE REPRESENTATION DATED
	30.1.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE LETTER DATED 14.3.2017
	ISSUED BY THE DFO, KOTHAMANGALAM DIVISION.

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WP(C).No.27472 OF 2020(H)

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EXHIBIT P8(A)	TRUE COPY OF THE LETTER DATED 15.3.2017 ISSUED BY THE REGIONAL MANAGER UNDER THE 1ST RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE LETTER DATED 20.03.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P9(A)	TRUE COPY OF THE POSTAL RECEIPT EVIDENCING
	THE SENDING OF EXT.P9 TO THE 2ND RESPONDENT.
EXHIBIT P10	TRUE COPY OF THE LETTER DATED 30.3.2017 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE REPRESENTATION DATED 7.4.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P12	TRUE COPY OF THE LETTER DATED 9.5.2017 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P13	TRUE COPY OF THE ORDER DATED 16.5.2017 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P14	TRUE COPY OF THE LETTER DATED 16.5.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT P14(A)	TRUE COPY OF THE POSTAL RECEIPT, EVIDENCING THE SENDING OF EXT.P14 TO THE 2ND RESPONDENT.
EXHIBIT P14(B)	TRUE COPY OF THE REPRESENTATION DATED 14.6.2017 SUBMITTED BY THE PETIITONER BFORE THE 2ND RESPONDENT.
EXHIBIT P15	TRUE COPY OF THE ORDER DATED 24.10.2017 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P15(A)	TRUE COPY OF THE COMPARATIVE STATEMENT OF REVISED SCHEDULE OF THE WORK, INVOLVED IN EXT.P2 AGREEMENT, PUBLISHED BY THE 2ND
	RESPONDENT, ON REARRANGING THE WORK, IN PURSUANCE TO EXT.P15 ORDER.
EXHIBIT P16	TRUE COPY OF THE REPRESENTATION DATED 14.11.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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WP(C).No.27472 OF 2020(H)

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EXHIBIT P17 TRUE COPY OF THE REPRESENTAITON DATED 27.12.2017 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P17(A) TRUE COPY OF THE REMINDER DATED 10.9.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P18 TRUE COPY OF THE REMINDER DATED 10.9.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Greenworth Infrastructure Pvt. Ltd., v. Kerala State Construction Corporation Limited

Case brief

What is this about?

What did the court decide?

Greenworth Infrastructure Pvt. Ltd., v. Kerala State Construction Corporation Limited

Case brief

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What did the court decide?

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