Disposed

M/S.Mariya Constructions, v. Kerala Water Authority

Kerala HC8 Dec 2021WP(C)/16157/2021

Case brief

AI extract

What is this about?

A writ petition seeking an order for the payment of ₹23.08 lakhs due under a construction contract. The Kerala Water Authority cited financial crisis to delay payment. The court directed a 5-month deadline for the 3rd respondent to pay the amount, rejecting indefinite delay.

What did the court decide?

Directed the 3rd respondent to pay the undisputed bill amount of ₹23.08 lakhs to the petitioner within five months.

M/S.Mariya Constructions, Vs Kerala Water Authority — Specific Performance | 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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WEDNESDAY, THE 8^TH DAY OF DECEMBER 2021/17TH AGRAHAYANA, 1943

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WP(C) NO. 16157 OF 2021

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PETITIONER:

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M/S.MARIYA CONSTRUCTIONS, REPRESENTED BY ITS MANAGING PARTNER, JOSE K.L., AGED 64 YEARS, S/O. LOUIS, , 14/1375/ KAKKANATT, THOTTILPEEDIKA, CHEVARAMBALAM P.O. KOZHIKODE 673 017.

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BY ADVS. JOBY JACOB PULICKEKUDY ANIL GEORGE DAJISH JOHN ANANDHU K.S 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 EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, WATER SUPPLY DIVISION, KANNUR 670 622.

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3 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM 695 033.

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BY ADVS. MARY BENJEMIN SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.16157/2021

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N. NAGARESH, J.

Dated this the 8^th day of December, 2021

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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The petitioner, a Partnership Firm engaged in the business of constructions, seeks to direct the respondents to release the amounts due to the petitioner as per Ext.P2.

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The petitioner executed Ext.P1 agreement with the

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1^st respondent-Kerala Water Authority for the work “STATE PLAN 2020-21 ARWSS to Keezhur & ChavasseryReplacement of 250 mm AC Gravity main with 250 mm DI Pipe-600 mm in old road from Punnad to Keezhurkunnu”.

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The work was completed to the satisfaction of the respondents. The petitioner raised First and Final Bill. The 2^nd respondent issued Ext.P2 fund requisition proforma to the 3^rd respondent on 22.07.2021.

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W.P.(C) No.16157/2021

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: 3 :

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The Bill amount comes to about ₹23.08 lakhs. The

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respondents have not paid the amount so far. The petitioner states that they have raised huge amounts as loan for executing the work. Unless the Bill amount is paid immediately, the petitioner will be put to great financial loss.

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The learned Standing Counsel for the respondents entered appearance and stated that the Kerala Water Authority is facing acute financial crisis now and they are not in a position to honour all bills submitted by various contractors at one go. The KWA has adopted a criteria and is making payments to the contractors on the basis of such criteria. The petitioner will be paid the amount due to the petitioner as and when their turn arises.

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I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.

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The fact that the petitioner has executed Ext.P1 agreement with the KWA and has completed the work as per the agreement, is not disputed. The petitioner has raised a

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W.P.(C) No.16157/2021

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: 4 :

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Bill for the completed work. The only reason advanced by the respondents for delay in payment, is the financial crisis of the KWA. This Court is of the considered view that after extracting the work from the petitioner, the KWA cannot delay payments due to the petitioner for an indefinite period.

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In the circumstances, the writ petition is disposed

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of directing the 3^rd respondent to pay the amount due to the petitioner within a period of five months.

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Sd/- N. NAGARESH, JUDGE

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aks/09.12.2021

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W.P.(C) No.16157/2021

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: 5 :

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APPENDIX OF WP(C) 16157/2021

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PETITIONER'S EXHIBITS

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Exhibit P1 THE TRUE PHOTO COPY OF AGREEMENT DATED 08.02.2021 SIGNED BY PETITIONER AND THE 2ND RESPONDENT. Exhibit P2 THE TRUE PHOTO COPY OF FUND REQUISITION PROFORMA DATED 22.07.2021 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

M/S.Mariya Constructions, v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

M/S.Mariya Constructions, v. Kerala Water Authority

Case brief

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What did the court decide?

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