Partly allowed

Navin Construction Corporation v. Kerala Water Authority

Kerala HC8 Jan 2021WP(C)/14434/2020

Case brief

AI extract

What is this about?

The Court disposed of the writ petition by directing the respondents to pay the remaining 25% of the bill as per the interim order dated 03.11.2020 before 31.03.2021, and to pay the remaining dues within four months due to cash constraints.

What did the court decide?

Direction to pay remaining 25% of the bill before 31.03.2021 and balance amount within four months.

Navin Construction Corporation Vs Kerala… — 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 N.NAGARESH

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FRIDAY, THE 08TH DAY OF JANUARY 2021/18TH POUSHA, 1942

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WP(C).No.14434 OF 2020(D)

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PETITIONER:

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M/s. NAVIN CONSTRUCTION CORPORATION, REPRESENTED BY ITS MANAGING PARTNER, SUGATHAN, AGED 73 YEARS, S/O.NARAYANAN, ILLIKKATTU HOUSE, NEAR EDAPPALLY RAILWAY GATE, AIMS, PONEKKARA, COCHIN-682 041.

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BY ADVS. SRI.ANIL GEORGE SRI.JOBY JACOB PULICKEKUDY SRI.T.ANCY SMT.N.B.FATHIMA SULFATH SMT.K.BINCYMOL SHRI.DAJISH JOHN

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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, P.H.CIRCLE, KERALA WATER AUTHORITY, PALAKKAD -678 001.

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3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, WATER SUPPLY PROJECT DIVISION, KERALA WATER AUTHORITY, PALAKKAD -670141.

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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 08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.14434/2020

: 2 :

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 8^th day of January, 2021

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The writ petition has been filed seeking to direct the

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respondents to release the part bill amounts as per Ext.P4 voucher.

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The petitioner has undertaken certain work in pursuant to the agreement with the respondents. The amount due to the petitioner under Ext.P4 part bill is ₹2,08,40,661/-. The learned counsel for the petitioner urged that due to the non-disbursal of the part bill, he is not in a position to proceed with the work and he has pressure from other quarters also for payment towards materials purchased.

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The learned Standing Counsel for the respondents would submit that the Kerala Water Authority is facing acute cash crunch and they are taking all efforts to disburse the amount due to various contractors by mobilising funds. However, it will take at least four months more for payment of

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WP(C) No.14434/2020

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: 3 :

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due amount to the petitioner.

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Heard.

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When this writ petition came up for hearing on 03.11.2020, taking into account the particular circumstances of the case, the respondents were directed to pay the petitioner 25% of Ext.P4 bill amount on or before 30.11.2020 and another 25% of the bill amount on or before 31.12.2020. It is submitted at the Bar that the respondents could pay only 25% of the bill amount so far.

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Taking into account the entire facts and

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circumstances of the case, the writ petition is disposed of directing the respondents to make the payment of the remaining 25% of the amount as directed in the interim order dated 03.11.2020 at the earliest, at any rate, before 31.03.2021. The remaining amounts due under Ext.P4 shall be paid to the petitioner within a period of four months.

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N. NAGARESH, JUDGE

aks/08.01.2021

WP(C) No.14434/2020

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APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE PHOTOCOPY OF PARTNERSHIP DEED 1/4/2011. EXHIBIT P2 THE PHOTOCOPY OF AGREEMENT DATED 23/11/2017.

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EXHIBIT P3 THE PHOTOCOPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 30/6/20.

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EXHIBIT P4 THE PHOTOCOPY OF THE CB3 VOUCHER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER FOR AN AMOUNT OF RS.2,08,40,661/- DATED 29/6/20. EXHIBIT P5 TRUEPHOTOCOPY OF LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 1.10.2020 EXHIBIT P6 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE STATE TAX OFFICER SQUAD NO-1 ERNAKULAM DATED 6.3.2020

Navin Construction Corporation v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

Navin Construction Corporation v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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