Disposed

Hydro Electrical System v. Kerala Water Authority

Kerala HC15 Sept 2021WP(C)/13502/2021

Case brief

AI extract

What is this about?

In this service and contract petition, the High Court of Kerala directed the petitioner to expeditiously cure defects in water pumping discharge. The court ordered the petitioner to submit a representation for reimbursement of security deposit and trial run expenses only after such defects are cured.

What did the court decide?

Petitioner directed to cure defects expeditiously. Direction to 2nd respondent to consider representation for security deposit and trial run expenses after defects are cured within three weeks.

Hydro Electrical System Vs Kerala Water… — Contract and Commercial Disputes | Kerala HC (2021)

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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 P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 15^TH DAY OF SEPTEMBER 2021 / 24TH BHADRA, 1943

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WP(C) NO. 13502 OF 2021

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PETITIONER:

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M/S.HYDRO ELECTRICAL SYSTEM MASTHAN GHORI STREET, NEAR AMBEDKAR STATUE, ADAMBAKKAM, CHENNAI - 600 008, REPRESENTED BY ITS PROPRIETOR ASHA RAGHAVAN, W/O V.RAGHAVAN, AGED 54 YEARS, NO.1, TANGORE STREET, NILAMANGAI NAGAR, ADAMBAKKAM, CHENNAI-600088

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BY ADVS.

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JOBY JACOB PULICKEKUDY ANIL GEORGE DAJISH JOHN HARIKRISHNAN P.

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RESPONDENTS:

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1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM - 695 033.

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2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE, KOLLAM - 691 501.

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3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, KOLLAM - 691 501.

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4 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM - 695 033.

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WP(C) NO. 13502 OF 2021

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BY ADV

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SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY SRI SAJI VARGHESE (SC)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13502 OF 2021

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P.V.KUNHIKRISHNAN, J.

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========================

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WP(C) NO. 13502 OF 2021

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========================

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Dated this the 15^th day of September, 2021

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JUDGMENT

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The above writ petition is filed with the following prayers:

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“i) Issue an order or direction in the nature of mandamus commanding the respondents to disburse the trial run expenses and security deposit. AND

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ii) Grant such other and further reliefs as this Hon’ble Court may deem fit and proper in the interest of justice.”

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The petitioner is the proprietor of M/s Hydro Electrical System and a registered Government contractor carrying out contract works for the Kerala Water Authority. The petitioner has quoted tender for the work of RWSS to Vilakkudy, Vettikavala and Melila Panchayat supply and erection of centrifugal pump set at water treatment plant pump house for pumping clear water to (1)OH Tank at water treatment plant (2) GLSR at Chiyodu. An agreement has been entered between the petitioner and the 2^nd respondent Superintending Engineer on 31.08.2017. According to the

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WP(C) NO. 13502 OF 2021

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petitioner, the work was completed about 3 years and 4 months back and respondents are holding the trial run expenses and security deposits without any reason and hence this writ petition is filed.

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Heard the learned counsel for the petitioner and the learned standing counsel for the respondents.

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The counsel for the petitioner reiterated his contentions in this writ petition. Standing counsel submitted that there is some defect in the work done by the petitioner. According to the standing counsel the present water pumping discharge is only 291m³ per hour and it ought to have been 347 m³ per hour. The standing counsel submitted that if the defect is cured the grievance of the petitioner will be considered.

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In the light of the above submission, I think this writ petition can be disposed allowing the petitioner to cure the defects within a time frame and thereafter submit a representation before the 2^nd respondent and there can be a direction to the 2^nd respondent to consider the same and take appropriate steps in accordance with law.

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WP(C) NO. 13502 OF 2021

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Therefore, this writ petition is disposed in the following

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manner:

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(a) The petitioner is free to cure the defects in water pumping discharge as expeditiously as possible.

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(b) After curing the defects, the petitioner is free to submit a representation to the 2^nd respondent for disbursing the security deposit and trial run expenses.

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(c) Once such a representation is received by the 2^nd respondent the 2^nd respondent will consider the same and pass appropriate orders within three weeks from the date of receipt of such representation.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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scs

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WP(C) NO. 13502 OF 2021

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APPENDIX OF WP(C) 13502/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE PHOTOCOPY OF THE AGREEMENT DATED 31/08/2017 SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT. Exhibit P2 TRUE PHOTOCOPY OF THE WORK COMPLETION CERTIFICATE DATED 20/10/2018 ISSUED BY 3RD RESPONDENT. Exhibit P3 TRUE PHOTOCOPY OF CB3 VOUCHER (CONTRACTOR'S BILL) ISSUED BY THE THIRD RESPONDENT. Exhibit P4 THE TRUE PHOTOCOPY OF THE RELEVANT PAGE CONTAINING THE SPECIAL CONDITIONS OF THE CONTRACT OF TENDER NO.5 OF 2017-18/SE/ (Q).

Hydro Electrical System v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

Hydro Electrical System v. Kerala Water Authority

Case brief

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What did the court decide?

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