Allowed

S.Mohanakumar, v. State of Kerala

Kerala HC24 Feb 2020WP(C)/4279/2020

Case brief

AI extract

What is this about?

The court permitted a government contractor to execute uncancelled works (Exts. P1-P4) by directing respondents to adjust pending bills towards security deposits. The time for agreement execution was extended by two weeks.

What did the court decide?

Direction to respondents to adjust pending bills towards security deposit/performance guarantee for Exts.P1-P4; Extension of agreement execution timeline by two weeks.

S.Mohanakumar, Vs State of Kerala — 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 MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941

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WP(C).No.4279 OF 2020(H)

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PETITIONER:

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S.MOHANAKUMAR, AGED 56 YEARS

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GOVERNMENT CONTRACTOR, ALUVILA PUTHENVEEDU, KOTTUKAL (P.O.), BALARAMAPURAM, THIRUVANANTHAPURAM.

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BY ADV. SRI.AJITH KRISHNAN

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RESPONDENTS:

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1 STATE OF KERALA,

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REPRESENTED BY SECRETARY, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE CHIEF ENGINEER,

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P.W.D.ROADS AND BRIDGES, THIRUVANANTHAPURAM - 33.

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3 THE SUPERINTENDING ENGINEER, P.W.D.ROADS, SOUTH CIRCLE,

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THIRUVANANTHAPURAM - 695 033.

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

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SMT. PRINCY XAVIER, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4279 OF 2020

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JUDGMENT

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This writ petition is filed seeking the following prayers:

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“(i) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to adjust the bill amount as per Ext-P7 towards the performance security for Exts-P1 to P6 works immediately.

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(ii) To issue a writ of mandamus or such other writ or order or direction directing the respondents to extend the time to execute the agreement as per Exts-P1 to P6 by a period of one month.”

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that Ext.P7 bill is passed and pending payment to the petitioner and the same is liable to be adjusted towards the security deposit and the performance guarantee amount as required in Exts.P1 to P6 work orders. It is further submitted that Exts.P5 and P6 works have been cancelled and that it is only in respect of Exts.P1 to P4 works that the agreements are liable to be executed now.

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The learned Government Pleader submits that this writ

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WP(C).No.4279 OF 2020

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petition has been filed belatedly and that the works had been allotted in 2019 and 2020 and that the time for executing the agreement has expired.

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However, in view of the fact that Ext.P7 bill is admittedly pending payment from December, 2019 onwards, I am of the opinion that the works which have been allotted to the petitioner and which have not been cancelled for want of execution of the agreement shall be permitted to be executed, adjusting Ext.P7 towards the security deposit and performance guarantee required. There will, accordingly, be a direction to the respondents to adjust the pending bills payable to the petitioner as per Ext.P7 towards the security deposit and performance guarantee in respect of works awarded by Exts.P1 to P4, which have not been cancelled as yet. The time for executing the agreement will stand extended by two weeks from today.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.4279 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE NO.D28623/19 DATED 4/1/2020 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE SELECTION NOTICE NO.D28429/18 DATED 4/1/2020 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE SELECTION NOTICE NO.D26955/19 DATED 10/12/2019 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE SELECTION NOTICE NO.D2.6790/19 DATED 9/12/2019 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF THE SELECTION NOTICE NO.D34378/2019 DATED 25/11/2019 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE SELECTION NOTICE NO.D3.5215/2019 DATED 25/11/2019 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE CERTIFICATE DATED 8/1/2020 AND CHECK LIST ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER AND BILL DUE TO THEN PETITIONER PENDING BEFORE THE 4TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE REPRESENTED DATED 14/1/2020 TO THE 4TH RESPONDENT. RESPONDENT'S/S EXHIBITS: NIL

S.Mohanakumar, v. State of Kerala

Case brief

What is this about?

What did the court decide?

S.Mohanakumar, v. State of Kerala

Case brief

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