Disposed

Goodwill Power Company Pvt. Ltd. v. State of Kerala

Kerala HC14 Dec 2020WP(C)/27838/2020

Case brief

AI extract

What is this about?

The court disposed of a writ petition filed by a company contractor. The petition sought payment for completed electrification works and release of security deposits and bank guarantees. The court directed the respondent director to review submitted documents and pass orders after hearing within three months.

What did the court decide?

Directions to the 2nd respondent to consider Exts.P9 and P14 and pass orders after a hearing within three months.

Goodwill Power Company Pvt. Ltd. Vs State of Kerala — Service and Employment | 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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MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942

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WP(C).No.27838 OF 2020(D)

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PETITIONER:

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GOODWILL POWER COMPANY PVT. LTD. 41/1929-A, BANERJI ROAD, ERNAKULAM NORTH, KOCHI-682018, REPRESENTED BY ITS MANAGING DIRECTOR, JOSEPH.P.KURIAN, AGED 79, S/O P.J.JOSEPH 41/1929-A, BANERJI ROAD, ERNAKULAM NORTH, KOCHI-682018

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BY ADV. SRI.PRAVEEN K. JOY

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RESPONDENTS:

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STATE OF KERALA 1. REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SCHEDULED CASTE SCHEDULED TRIBE SECRETARIAT, TRIVANDRUM – 695 001

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2. THE DIRECTOR, SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, TRIVANDRUM – 695 001.

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3. THE DIRECTOR, M/S.KITCO LTD. PB NO.1820, MG ROAD, RAVIPURAM, COCHIN - 682015

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ADV.SMT.VINITHA.B ,GP, ADV.SRI.NITHIN GEORGE,SC,KITCO

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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14.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.27838/2020 (D)

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JUDGMENT

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Dated this the 14^th day of December 2020

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The petitioner claims that he had undertaken

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electrification works for the Model Residential School at Kulathupuzha for which tenders were

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invited in the year 2010. According to the

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petitioner, he could not complete the work since the civil contract work was not completed. It is

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claimed that payment is not made for the

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completed works, though the respondents were appraised of the practical difficulties in

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completing the work. The petitioner has

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therefore requested for payment of admitted amount as well as the bank guarantee, security deposit, retention amount etc., by submitting

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Exts.P9 and P10 before the respondents 2 and 3.

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It is submitted that Ext.P14 is also submitted

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before the 2^nd respondent.

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The Writ Petition is therefore disposed of

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directing the 2^nd respondent to consider Exts.P9

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W.P.(C)No.27838/2020 (D)

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and P14 representations and to pass orders after affording an opportunity of hearing to the petitioner as well as the 3^rd respondent within a period of three months from the date of receipt of a copy of the judgment.

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Sd/P.V.ASHA JUDGE

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W.P.(C)No.27838/2020 (D)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE OF 2^NDRESPONDENT.	ORDER DATED 31.07.10
EXHIBIT P2	TRUE COPY OF THE OF 2^NDRESPONDENT.	ORDER DATED 14.10.10
EXHIBIT P3	TRUE PHOTOCOPY OF THE 2^NDRESPONDENT DATED 11.03.2011.	THE LETTER ISSUED BY TO THE 3^RDRESPONDENT
EXHIBIT P4	TRUE PHOTOCOPY OF THE PETITIONER DA TO THE 2^NDRESPONDE	THE LETTER ISSUED BY TED 14.12.2010 GIVEN NT.
EXHIBIT P5	TRUE PHOTOCOPY SUBMITTED BY THE RESPONDENT DATED 2	OF THE REQUEST PETITIONER TO THE 3^RD 9.05.2012.
EXHIBIT P6	TRUE PHOTOCOPY OF THE PETITIONER TO DATED 24.10.2012.	THE LETTER GIVEN BY THE 3^RDRESPONDENT
EXHIBIT P7	TRUE PHOTOCOPY OF THE PETITIONER TO 11.04.2013.	THE LETTER GIVEN BY 3^RDRESPONDENT DATED
EXHIBIT P8	TRUE PHOTOCOPY OF BY THE PETITIONER DATED 28.04.2017.	THE LETTER SUBMITTED TO THE 3^RDRESPONDENT
EXHIBIT P9	TRUE PHOTOCOPY OF BY THE PETITION	THE LETTER SUBMITTED ER BEFORE THE 2^ND
	RESPONDENT AND 3 23.05.2017.	^RDRESPONDENT DATED
EXHIBIT P10	TRUE PHOTOCOPY O 14.10.2017 SUBMI RESPONDENT.	F THE LETTER DATED TTED TO THE 3^RD
EXHIBIT P11	TRUE PHOTOCOPY O	F THE LETTER DATED
	21.10.2017 SUBMI RESPONDENT.	TTED TO THE 3^RD

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W.P.(C)No.27838/2020 (D)

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EXHIBIT P12 TRUE PHOTOCOPY OF THE LETTER ISSUED BYTHE 2^ND RESPONDENT TO THE 3^RD RESPONDENT DATED 15.01.2018.

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EXHIBIT P13 TRUE PHOTOCOPY OF THE LETTER GIVEN TO THE 3^RD RESPONDENT DATED 01.02.2018. EXHIBIT P14 TRUE PHOTOCOPY OF THE REQUEST SUBMITTED TO THE 2^ND RESPONDENT DATED 20.12.2018. EXHIBIT P15 TRUE PHOTOCOPY OF THE LETTER DATED 16.04.2019 GIVEN TO THE 2^ND RESPONDENT.

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RESPONDENTS EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Goodwill Power Company Pvt. Ltd. v. State of Kerala

Case brief

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Goodwill Power Company Pvt. Ltd. v. State of Kerala

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