Disposed

Chicago Constructions International Private Limited v. Kerala Water Authority

Kerala HC20 Oct 2020WP(C)/2910/2020

Case brief

AI extract

What is this about?

The court disposed of a writ petition filed by Chicago Constructions claiming release of security deposit and retention amount. It directed Kerala Water Authority authorities to make the payment within two months.

What did the court decide?

Direction to respondents 1 and 2 to make payment towards Security Deposit and retention amount within two months.

Chicago Constructions International Private… — 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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TUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942

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WP(C).No.2910 OF 2020(K)

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PETITIONER:

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CHICAGO CONSTRUCTIONS INTERNATIONAL PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT TC 22/2703, CHITIRA LANE, KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010, REPRESENTED BY THE MANAGING DIRECTOR.

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BY ADVS.

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SRI.N.KRISHNA PRASAD SRI.DEEPAK VARUGHESE MATHEW SMT.GEETHU SUSAN VARGHESE

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RESPONDENTS:

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1 KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM POST, THIRUVANANTHAPURAM-695 033.

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2 THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM POST, THIRUVANANTHAPURAM-695 033.

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3 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE, PUBLIC HEALTH OFFICE, THIRUVANANTHAPURAM-695 033.

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4 THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, PUBLIC HEALTH OFFICE, THIRUVANANTHAPURAM-695 033.

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5 NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT, PUNNEN ROAD, NEAR CANTONMENT STATION, STATUE, THIRUVANANTHAPURAM, PIN CODE-695 002.

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BY ADVS. SRI.P.BENJAMIN PAUL, SC, KWA SMT.MARY BENJEMIN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.2910 OF 2020(K)

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JUDGMENT

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The writ petition is filed seeking a direction to the respondents 1 and 2 to complete the process of fore closure allowed as per Ext.P2 within a time limit and also for a direction to the respondents 1 and 2 to release the amount due to petitioner towards the security deposit, retention and other amounts.

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2. Even though the respondents had filed a

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statement on 15.09.2020 stating that petitioner had not submitted the laid drawings in accordance with Ext.P2, subsequently the respondents have issued Ext.P4 communication on 08.09.2020, by which the Executive Engineer had addressed the Finance Manager and Chief Accounts Officer submitting the final bill and requesting for allotment of the fund for releasing retention amount as well as security deposit also to the petitioner.

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3. The learned Standing Counsel, Sri.Benjamin Paul, submits that some more time is required for

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WP(C).No.2910 OF 2020(K)

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payment of amount due to petitioner.

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Therefore the writ petition is disposed of directing the respondents 1 and 2 to make the payment towards Security Deposit and retention amount, within a period of two months and the final bill in accordance with the priority, as expeditiously as possible.

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Accordingly the writ petition is disposed of.

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P.V.ASHA JUDGE

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WP(C).No.2910 OF 2020(K)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 19.03.2019 IN WRIT PETITION NO.1374/2018. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE THIRD RESPONDENT DATED 06.07.2019. EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DATED 28.12.2019 OF THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 08.09.2020. EXHIBIT P5 TRUE COPY OF THE FINAL BILL DATED 17.08.2020.

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RESPONDENTS' ANNEXURES:

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ANNEXURE R4(A) TRUE COPY OF LETTER DATED 06.02.2020 SENT TO THE PETITIONER.

Chicago Constructions International Private Limited v. Kerala Water Authority

Case brief

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Chicago Constructions International Private Limited v. Kerala Water Authority

Case brief

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