Partly allowed

T.v.Sunil v. the Kerala Agro-Industries Corporation Ltd.

Kerala HC4 Dec 2021WP(C)/18366/2021

Case brief

AI extract

What is this about?

Petitioner, an empaneled contractor, sought payment of Rs.67,15,252/- for completed work. Court directed Respondent 1 to conduct Joint Inspection with petitioner's assistance and pay any found due within four months.

What did the court decide?

Directed Respondent 1 to complete Joint Inspection, take measurements expeditiously with petitioner's assistance, and pay the amount found due within four months.

T.v.Sunil Vs the Kerala Agro-Industries… — 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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SATURDAY, THE 4^TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943

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WP(C) NO. 18366 OF 2021

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PETITIONER:

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T.V.SUNIL AGED 49 YEARS S/O T.K.VIJAYAN, THARANILATHU HOUSE, ADIMALI, IDUKKI. BY ADVS. P.P.JACOB MARIYAM JACOB

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RESPONDENTS:

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1 THE KERALA AGRO-INDUSTRIES CORPORATION LTD. KISSAN JYOTHI, FORT THIRUVANANTHAPURAM, PIN-695023, REPRESENTED BY THE MANAGING DIRECTOR 2 THE KERALA AGRO-INDUSTRIES CORPORATION LIMITED DISTRICT OFFICE, KANNUR, LINE ROAD, KANNUR, PIN-670001,

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REPRESENTED BY ITS DIVISIONAL ENGINEER. 3 THE DISTRICT ANIMAL HUSBANDRY OFFICE KANNUR, PIN-670001, REPRESENTED BY THE DISTRICT ANIMAL HUSBANDRY OFFICER. BY ADVS. M.GOPIKRISHNAN NAMBIAR GOVERNMENT PLEADER K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN

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SMT.VINITHA B SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.18366/2021

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JUDGMENT

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Dated this the 4^th day of December, 2021

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The petitioner has approached this Court seeking to

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direct the respondents to release the amount due and payable, Rs.67,15,252/- to the petitioner acting upon Ext.P2 bill.

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The petitioner states that he is an empaneled contractor who has undertaken works for the 1^st respondent. The work related to strengthening of Goat Farm at Kommeri in Kannur, in the year 2013-2014. The respondents accepted the bid of the petitioner and an agreement was executed. The petitioner would submit that the work undertaken by the petitioner has been completed to the satisfaction of the respondents. However, the bill amounts due to the petitioner have not been paid so far. In such circumstances, the

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WP(C).No.18366/2021

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petitioner seeks payment of outstanding amount along with the interest.

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When the writ petition come up today for hearing, the learned Standing Counsel for the 1^st and 2^nd respondent submitted that the work completed by the petitioner has to be measured through a Joint Inspection where the petitioner's presence is required. The petitioner was called by the officer of the 1^st respondent on 17.11.2021 and the process of Joint Inspection is in progress. The 1^st respondent would further submit that final bill amount due to the petitioner can be ascertained only after conducting the inspection and on the basis of measurements taken in the Joint Inspection. The process of Joint Inspection, taking measurement and other administrative requirements, would take some time and the 1^st respondent will be able to pay the amount found due to the petitioner within a period of five to six months, contended the learned Standing Counsel for the respondents.

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The learned counsel for the petitioner expressed his

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WP(C).No.18366/2021

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apprehension that since the work has been completed in the year 2019, there may be natural wear and tear of the building and the respondents may not withhold the bill amount payable, on that ground. This Court is of the view that this is a matter which has to be considered by the 1^st respondent.

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In the facts and circumstances of the case, the writ petition is disposed of directing the 1^st respondent to complete the process of Joint Inspection and measurements and take expeditious steps to pay the amount found due to the petitioner as expeditiously as possible and at any rate within a period of four months. Needless to say, the petitioner shall provide all his assistance required for Joint Inspection and measurements. Sd/-

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N. NAGARESH JUDGE

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rps/

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WP(C).No.18366/2021

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APPENDIX OF WP(C) 18366/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE SELECTION NOTICE ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 21.03.2018.

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Exhibit P2 TRUE PHOTOCOPY OF THE DETAILS OF RUNNING ACCOUNT BIL DATED 2.12.2019 FORWARDED BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT DATED 2.12.2019. Exhibit P3 TRUE PHOTOCOPY OF THE NOTICE DATED 23.02.2021 ISSUED TO THE PETITIONER BY THE KERALA BANK, ADIMALI BRANCH. Exhibit P4 TRUE PHOTOCOPY OF THE NOTICE DATED 26.02.2021 ISSUED TO THE PETITIONER'S WIFE BY THE KERALA BANK ADIMALI BRANCH.

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RESPONDENT'S EXHIBITS

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ANNEXURE R3(a) TRUE PHOTOCOPY OF THE GO(MS) NO. 137/2014/AD DATED 17.06.2014. ANNEXURE R3(b) TRUE PHOTOCOPY OF THE GO(RT) NO. 2094/2015/AGRI. DATED 22.12.2015. ANNEXURE R3(c) TRUE PHOTOCOPY OF THE MOU. ANNEXURE R3(d) TRUE PHOTOCOPY OF THE LETTER NO. KAICO/HO/TECH/2016-2017/KOMERI GF/196 DATED 30.06.2016. ANNEXURE R3(e) TRUE COPY OF ORDER NO.B3 10037/2013/PLG DATED 13.05.2015. ANNEXURE R3(f) TRUE COPY OF THE ORDER NO. AHD/7094/2017.B3 DATED 14.06.2018. ANNEXURE R3(g) TRUE COPY OF ORDER NO. AHD/3186/2018-B3 DATED 18.08.2020.

T.v.Sunil v. the Kerala Agro-Industries Corporation Ltd.

Case brief

What is this about?

What did the court decide?

T.v.Sunil v. the Kerala Agro-Industries Corporation Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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