Disposed

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

Kerala HC18 Dec 2020WP(C)/28385/2020

Case brief

AI extract

What is this about?

The court disposed of a writ petition by directing the Regional Cancer Centre to consider the petitioner's representations regarding labor and material costs and security deposit release after an opportunity of hearing within two months.

What did the court decide?

Directed the 3rd respondent to consider representations Exts.P10-P16 and pass orders after hearing the petitioner within two months.

Goodwil Power Company Pvt. Ltd. Vs State of… — 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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FRIDAY, THE 18TH DAY OF DECEMBER 2020 / 27TH AGRAHAYANA, 1942 WP(C).No.28385 OF 2020(W)

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PETITIONER:

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GOODWILL POWER COMPANY PVT. LTD. 41/1929-A, BANERJI ROAD, ERNAKULAM NORTH, KOCHI-682018, REP. BY ITS MANAGING DIRECTOR, JOSEPH P. KURIAN, AGED 79, S/O. P.J.JOSEPH, 41/1929A, 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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1 STATE OF KERALA REP. BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN-695001.

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2 THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM-695001.

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3 THE DIRECTOR, REGIONAL CANCER CENTRE, P.O.BOX NO.2417, MEDICAL COLLEGE CAMPUS, TRIVANDRUM-695011.

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4 HEAD OF DEPARTMENT, ENGINEERING DIVISION, REGIONAL CANCER CENTRE, P.O.BOX NO.2417, MEDICAL COLLEGE CAMPUS, TRIVANDRUM-695011.

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5 CHIEF ELECTRICAL INSPECTOR, CHIEF ELECTRICAL INSPECTORATE, SHANTHI NAGAR, PULIMOODU, TRIVANDRUM-695001.

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OTHER PRESENT:

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GP, SMT. PRINCY XAVIER SC, SRI.ATHUL SHAJI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28385 OF 2020(W)

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J U D G M E N T

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Petitioner is an Electrical Contractor who had

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undertaken Electrification works of Old Block renovation of RCC as per work order dated 03.12.2012. It is stated that petitioner was awarded two works in the RCC. Payments are due for the work done in the New Building for OP, IP and Research Facilities with Work Order No.RCC/Eng/38/2012/568 dated 03.12.2012.

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Petitioner submits that a series of

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correspondence was going on requesting for increasing cost of labour, cost of material etc., as well as release of Security Deposit, Bank Guarantee, Revised Bill etc., for petitioner's representations Exts.P10, P11, P14 and P16 are pending before the 3^rd respondent.

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I heard the learned counsel for the

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petitioner as well as the learned Standing Counsel

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WP(C).No.28385 OF 2020(W)

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for 3^rd respondent.

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Learned counsel for the petitioner submits

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that petitioner would be satisfied with a direction to the 3^rd respondent to consider the same.

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The writ petition is therefore disposed of directing the 3^rd respondent to consider and pass orders on Exts.P10, P11, P14 and P16 representations, after affording an opportunity of hearing to the petitioner, within a period of 'two months' from the date of receipt of a copy of the judgment.

Sd/-

P.V.ASHA, JUDGE

WP(C).No.28385 OF 2020(W)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE LETTER DATED 3.12.2012 ISSUED BY 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 7.9.2013 ISSUED BY THE PETITIONER TO CHIEF CONSTRUCTION ENGINEER, REGIONAL CANCER CENTRE, TRIVANDRUM. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 4.7.2014 ISSUED TO 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE MINUTES OF MEETING HELD AT REGIONAL CANCER CENTRE, TRIVANDRUM ON 12.12.2014 ISSUED BY 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE MINUTES OF PROGRESS REVIEW MEETING HELD ON 29.10.2015 ISSUED BY 4TH RESPONDENT. EXHIBIT P6 TRUE COPY OF RELEVANT PAGES OF THE ADVERTISEMENT IN MALAYALA MANORAMA DATED 19.2.2016. EXHIBIT P7 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 20.9.2016 BEFORE THE 3RD RESPONDENT. EXHIBIT P8 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 22.2.2017. EXHIBIT P9 TRUE PHOTOCOPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 18.9.2018. EXHIBIT P10 TRUE PHOTOCOPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 22.12.2018.

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WP(C).No.28385 OF 2020(W)

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EXHIBIT P11 TRUE PHOTOCOPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 19.1.2019. EXHIBIT P12 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 22.8.2019.

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EXHIBIT P13 TRUE PHOTOCOPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 14.9.2019. EXHIBIT P14 TRUE PHOTOCOPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 16.10.2019. EXHIBIT P15 TRUE PHOTOCOPY OF THE E MAIL SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 4.3.2020. EXHIBIT P16 TRUE PHOTOCOPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 28.5.2020. EXHIBIT P17 TRUE PHOTOCOPY OF THE E MAIL SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 23.10.2020. EXHIBIT P18 TRUE PHOTOCOPY OF THE E MAIL SUBMITTED BY THE PETITIONER DATED 30.10.2020.

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

Case brief

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

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