Disposed

Joseph John v. Kerala Water Authority

Kerala HC5 Jun 2020WP(C)/6538/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a mandatory direction for the Kerala Water Authority to adjust his pending payment from previous executed works towards the security deposit and performance guarantee required for a new work awarded to him.

What did the court decide?

Direction to the 2nd respondent to consider the petitioner's request for adjusting pending bills as security deposit and performance guarantee; interim order to execute work provisionally continues.

Joseph John Vs Kerala Water Authority — 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 MR.JUSTICE V.G.ARUN

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FRIDAY, THE 05TH DAY OF JUNE 2020 / 15TH JYAISHTA, 1942

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WP(C).No.6538 OF 2020(N)

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PETITIONER/S:

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JOSEPH JOHN AGED 51 YEARS MONIPILLIL HOUSE, AVOLY.P.O, ANIKKAD, MUVATTUPUZHA, ERNAKULAM-686670

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BY ADV. SRI.P.SHANES METHAR

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RESPONDENT/S:

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1 KERALA WATER AUTHORITY JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM695010. REP BY ITS MANAGING DIRECTOR

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2 THE SUPERINTENDING ENGINEER O/O. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE, THRISSUR-680001

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3 THE SUPERINTENDING ENGINEER O/O.THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY PH CIRCLE, THIRUVALLA-689645

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R1-3 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).6538/2020

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V.G.ARUN, J.

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W.P(C).No. 6538 of 2020

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Dated this the 5^th day of June, 2020

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JUDGMENT

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The petitioner has been awarded with a contract work by the Kerala Water Authority, having proximate value of Rs.21,70,21,000/-. As per Exhibit P1, the petitioner is required to provide security deposit and performance guarantee to the tune of Rs.1,08,52,000/-. Fifty percent of the amount is to be provided in the form of Treasury deposit and the balance 50% in the form of bank guarantee. As per the averments in the writ petition, the petitioner has executed other work for the Kerala Water Authority and an amount of Rs.54,26,000/- is due towards the executed works. The petitioner relies on Exhibit P6 circular issued by the Public Works Department, permitting adjustment of amounts due to the contractors under completed works towards security deposit for new contracts awarded to them. It is alleged that, in spite of repeated request for adjustment of the pending payments towards the security deposit and performance guarantee to be provided at the time of execution of agreement pertaining to the new award, the respondents have not taken any positive action, resulting in execution of the agreement and commencement of the work getting

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WP(C).6538/2020

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delayed. The petitioner therefore seeks the issuance of writ of mandamus, directing the respondents to allow adjustment of pending bills as security for the new work awarded.

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This Court had issued an interim direction to the respondents to permit the petitioner to execute the agreement and carry out the work provisionally and subject to further orders in the writ petition. The learned counsel for the petitioner has made available the judgments rendered by this Court in similar writ petitions.

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On a consideration of the facts, as also the directions issued in the earlier judgments, the writ petition is disposed of, directing the 2^nd respondent to consider the request of the petitioner for adjustment of the amounts due under the pending bills towards security deposits and performance guarantee for the new work awarded to the petitioner. If, as claimed, payments are due to the petitioner for other works executed, then necessarily the amounts due to the petitioner shall be adjusted towards the security deposit and performance guarantee to be provided. The interim order shall continue to operate till the request of the petitioner is considered in terms of the above directions.

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V.G.ARUN, JUDGE

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vgs

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WP(C).6538/2020

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APPENDIX OF WP(C) 6538/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE NO.KWA/PHC/TSR/D3-2709/2019(PART-1) DATED 25.02.2020 EXHIBIT P2 TRUE COPY OF THE DETAILS OF PAYMENT DUE TO THE PETITIONER FROM THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE WORKS AGREEMENT NO.17/SE/PHC/TVLA/2016-2017 FOR WORKS DATED 17.02.2017 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE APPROVED CB3 AND COPY OF RELEVANT PAGES OF M.BOOK PERTAINING TO EXT.P3 WORK ALONG WITH REQUISITION NO.PDA/DB1-01/2016 DATED 13.02.2020 EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 29.02.2020 SUBMITTED BY THE PETITIONER BEFORE THE EXECUTIVE ENGINEER, KWA, PH DIVISION, THIRUVALLA EXHIBIT P6 TRUE COPY OF THE CIRCUALR ISSUED BY THE DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF KERALA DATED 07.09.2003.

Joseph John v. Kerala Water Authority

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Joseph John v. Kerala Water Authority

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