Allowed

Revive Construction Company (India) Pvt. Ltd. v. State of Kerala

Kerala HC2 Mar 2020WP(C)/3441/2020

Case brief

AI extract

What is this about?

Civil Writ Petition filed by a construction company seeking mandamus to adjust an unpaid interim bill against a performance security deposit for a different project awarded to the petitioner.

What did the court decide?

Respondents directed to adjust the unpaid bill of Rs.21,57,000/- towards the performance guarantee for the work covered by Ext.P1. Execution period extended by two weeks.

Revive Construction Company (India) Pvt. Ltd. Vs State… — Company and Corporate | 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 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941

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WP(C).No.3441 OF 2020(E)

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PETITIONER:

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M/S REVIVE CONSTRUCTION COMPANY (INDIA) PVT. LTD. KODIVILA HOUSE, NJAVELIKONAM, KILIMANOOR, THIRUVANANTHAPURAM-695 601, REPRESENTED BY ITS MANAGING DIRECTOR, A.R.NASARUDEEN, AGED 47 YEARS, S/O.ABDUL RAHMAN.

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BY ADVS. SRI.AJITH KRISHNAN SHRI.S.KARTHIK MENON

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE CHIEF ENGINEER, PWD ROADS AND BRIDGES, THIRUVANANTHAPURAM-33.

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3 THE SUPERINTENDING ENGINEER, PWD ROADS, SOUTH CIRCLE, THIRUVANANTHAPURAM-695 033.

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4 EXECUTIVE ENGINEER, PWD ROADS DIVISION, THIRUVANANTHAPURAM-695 033.

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SMT.PRINCY XAVIER,GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3441 OF 2020(E)

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..2..

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JUDGMENT

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Dated this the 2nd day of March 2020

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This writ petition is filed seeking the following reliefs:

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“ I) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to sanction and disburse the bill amount of Rs.21,57,000/- in respect of the works covered under Exts-P2 work of Avanavancheri-Bava HospitalKaithattumukku Road, to the petitioner forthwith; II) To issue a writ of mandamus or such other writ or order or direction commanding the respondents to substitute and adjust the part bill amount of Rs.21,57,000/- covered under the Ext.P1 towards the performance security amount of Ext.P3 work of providing BM and BC works in PlavazhikomAnchuthengu Road from ch 0/000 to 2/250 forthwith;

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Heard the learned counsel for the petitioner and the

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learned Government Pleader.

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It is submitted by the learned counsel for the petitioner

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that Ext.P2 bill amounting to more than rupees one crore is pending

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payment to the petitioner and that the same is liable to be adjusted

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towards the Treasury deposit for the Performance Security as has

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..3..

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WP(C).No.3441 OF 2020(E)

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been awarded to the petitioner by Ext.P1. It is submitted that the amount required as Treasury deposit in Ext.P1 is only Rs.21,57,000/- and that the same is liable to be adjusted.

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The learned Government Pleader submits, on instructions, that the amount covered by Ext.P3 as sanctioned is only Rs. 1,12,82,937/- and that an amount of more than rupees ninety lakhs has already been released in respect of another work. However, the learned counsel for the petitioner submits that admittedly, an amount of more than rupees twenty two lakhs is available in Ext.P2 and that the amount required as Treasury deposit in Ext.P1 being only Rs.21,57,000/-. The amount is liable to be adjusted.

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It is seen that in large number of cases, this Court has granted the relief sought for by the petitioner to similarly placed contractors. In the circumstances, the writ petition is allowed and the respondents are directed to adjust the unpaid bill of sufficient value to cover the amounts towards the performance guarantee for

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WP(C).No.3441 OF 2020(E)

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..4..

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the work covered by Ext.P1 communication. The period prescribed

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for execution of the agreement for the work will also stand extended

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by two weeks from today.

Sd/-

ANU SIVARAMAN

JUDGE

PR/2.03.2020

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WP(C).No.3441 OF 2020(E)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE DATED 11.10.2019 ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF RUNNING ACCOUNT BILL OF CC 4TH AND FINAL BILL OF THE WORK OF AVANAVANCHERI BAVA HOSPITAL, KILLITCHATTUMKUKKU ROAD.

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EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE RUNNING ACCOUNT BILL SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT FOR PAYMENT DUE TO THE WORK.

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EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 18.01.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 22.11.2019 IN WPC NO.27208/2019.

Revive Construction Company (India) Pvt. Ltd. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Revive Construction Company (India) Pvt. Ltd. v. State of Kerala

Case brief

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