Disposed

Silpa Projects and Infrastructure (I) Pvt. Ltd. v. Union of India

Kerala HC3 Nov 2021WP(C)/14369/2021

Case brief

AI extract

What is this about?

In this writ petition under Article 226, the petitioner sought a direction to finalize an escalation bill claim. The Court directed the third respondent to consider the petitioners's claim under Ext.P7 and pass appropriate orders within one month of receiving the judgment copy.

What did the court decide?

Directed third respondent to consider petitioners claim under Ext.P7 and pass appropriate orders within one month from receipt of judgment copy.

Silpa Projects and Infrastructure (I) Pvt… — 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 3^RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA,

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1943

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WP(C) NO. 14369 OF 2021

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PETITIONER/S:

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SILPA PROJECTS AND INFRASTRUCTURE (I) PVT. LTD REPRESENTED BY ITS MANAGING DIRECTOR,PARAMARA ROAD, KOCHI-18.

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BY ADV P.K.RAVI SANKAR

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RESPONDENT/S:

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1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SPACE, NEW DELHI-110001.

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2 VIKRAM SARABHAI SPACE CENTRE, I.S.R.O,DEPARTMENT OF SPACE, GOVERNMENT OF INDIA,REPRESENTED BY GROUP HEAD,CONSTRUCTION AND MAINTENANCE GROUP, THIRUVANANTHAPURAM-695022.

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3 GROUP HEAD, CONSTRUCTION AND MAINTENANCE GROUP,VIKRAM SARABHAI SPACE CENTRE,DEPARTMENT OF SPACE, GOVERNMENT OF INDIA,THIRUVANANTHAPURAM-695022.

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4 OVERALL ENGINEER-IN-CHARGE, SECTION HEAD,CMD-ELE,TERLS, CONSTRUCTION AND MAINTENANCE GROUP,VIKRAM SARABHAI SPACE CENTRE,DEPARTMENT OF SPACE, GOVERNMENT OF INDIA, THIRUVANANTHAPURAM-695022., PIN - -1

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BY ADV SRI.SUVIN R.MENON, CGC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). No. 14369 of 2021

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P.V.KUNHIKRISHNAN, J.

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W.P.(C) No.14369 of 2021

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Dated this the 3^rd day of November, 2021

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JUDGMENT

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The above writ petition is filed with following prayers:

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i) Issue a writ in nature of mandamus, order or direction directing the Respondent No.3 to consider and finalise the claim made by the petitioner as per Exhibit P5 Final Escalation Bill within a reasonable time fixed by this honourable Court.

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ii) Grant such other reliefs that are prayed for from time to time and deemed fit to be granted.

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iii) Award cost of this proceedings.”

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The grievance of the petitioner is that, Ext.P5

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escalation bill is not considered by the 3^rd respondent.

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Heard the learned counsel for the petitioner and the

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learned Central Government Counsel for the respondents.

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W.P.(C). No. 14369 of 2021

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-3-

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The learned counsel for the petitioner submitted

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that he will be satisfied if a time limit is fixed for considering the escalation bill submitted by the petitioner.

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On the other hand, the learned Central Government

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Counsel submitted that Ext.P5 bill was already considered and Ext.P6 order is passed.

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The learned counsel for the petitioner submitted that after Ext.P6 order, Ext.P7 was submitted and as evident by Exts.P8 and P9 the 3^rd respondent is admittedly reconsidering the matter. In such circumstances, a direction to finalise the same, within a time frame may be issued.

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After hearing both sides, I think there can be a direction to the 3^rd respondent to finalise the request made by the petitioner based on Ext.P7, within a time limit.

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Therefore, this writ petition is disposed of in the following manner:

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W.P.(C). No. 14369 of 2021

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The 3^rd respondent will consider Ext.P7 and pass appropriate orders in it, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

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All the contentions raised by the parties are left open.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE

das

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W.P.(C). No. 14369 of 2021

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APPENDIX OF WP(C) 14369/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE WORK ORDER NO.VSCC/CMG/CPH/2(1417)1937 DATED 8-32017 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

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Exhibit P2 TRUE COPY OF THE WORK COMPETION CERTIFICATE NO.VSCC/CMD-CVL/ISRO STAFF QUARTERS/2019/1074 DATED 17-9-2019 ISSUED BY THE 4TH RESPONDENT

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Exhibit P3 TRUE COPY OF THE LETTER NO.SPI/ISRO/VSSC/82/18-19 DATED 13-92018 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT

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Exhibit P4 TRUE COPY OF THE LETTER NO.SPI/ISRO/VSSC/130/18-19 DATED 16-82019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT

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Exhibit P5 TRUE COPY OF THE LETTER NO.SPI/ISRO/VSSC/174/2020-21 DATED 3011-2020 ALONG WITH THE ESCALATION BILL SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT

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Exhibit P6 TRUE COPY OF THE LETTER NO.VSSC/CMDCVL/ISQ/1779 DATED 19-2-2021 ISSUED BY THE 4TH RESPONDENT

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Exhibit P7 TRUE COPY OF THE LETTER NO.SPI/ISRO/VSSC/175/2020-21 DATED 243-2021 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.

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Exhibit P8 TRUE COPY OF THE LETTER NO.VSSC/CMG/GD-02/24 DATED 29-3-2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

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W.P.(C). No. 14369 of 2021

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Exhibit P9 TRUE COPY OF THE LETTER NO.VSSC/CMG/GD-02/26 DATED 5-4-2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P10 TRUE COPY OF THE LETTER NO.VSSC/CMDCVL/ISQ DATED 17-6-2021 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER .

Silpa Projects and Infrastructure (I) Pvt. Ltd. v. Union of India

Case brief

What is this about?

What did the court decide?

Silpa Projects and Infrastructure (I) Pvt. Ltd. v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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