Disposed

Begorra Infrastructure and Developers Pvt. Ltd. v. the Project Director

Kerala HC11 Oct 2021WP(C)/19085/2021

Case brief

AI extract

What is this about?

This Order on Writ Petition (C) directs the Project Director, Kerala Road Fund Board, to consider the petitioner's representation regarding the non-disbursement of retention amounts and release of performance guarantees, after holding a hearing, within six weeks.

What did the court decide?

Direct the first respondent to consider Ext.P7 representation jointly affording the petitioner an opportunity of hearing and pass orders within six weeks.

Begorra Infrastructure and Developers Pvt. Ltd… — Municipal and Town Planning | 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.B.SURESH KUMAR

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MONDAY, THE 11^TH DAY OF OCTOBER 2021 / 19TH ASWINA, 1943 WP(C) NO. 19085 OF 2021

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PETITIONER:

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M/s.BEGORRA INFRASTRUCTURE & DEVELOPERS PVT. LTD.

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KARIMKUTTIYIL BUILDING, ANGADI, RANNY, PATHANAMTHITTA, REPRESENTED BY ITS DIRECTOR, SANTHOSH SEBASTIAN,AGED 39, S/O.RAJAN SEBASTIAN

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BY ADVS. PHILIP J.VETTICKATTU SAJITHA GEORGE

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RESPONDENTS:

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1 THE PROJECT DIRECTOR PROJECT MANAGEMENT UNIT, KERALA ROAD FUND BOARD, GROUND FLOOR, BSNL OFFICE BUILDING AT CGM(O), DOORASANCHAR BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM-695 003

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2 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, KOLLAM

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3 THE CHIEF EXECUTIVE OFFICER, KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB), 2ND FLOOR, FELICITY SQUARE, M.G.ROAD, STATUE, TRIVANDRUM-695 001

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W.P.(C) No.19085 of 2021

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4 THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT,(ROADS&BRIDGES), MUSEUM P.O, TRIVANDRUM - 695033

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5 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF PUBLIC WORKS, SECRETARIAT, TRIVANDRUM-695 001

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BY ADVS. SRI.K.V.MANOJ KUMAR, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.19085 of 2021

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W.P.(C) No.19085 of 2021

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J U D G M E N T

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Petitioner has been awarded a road work by the first respondent. It is stated that the petitioner could not complete the work in full due to the inability of the department in making available the site of the work. The petitioner, in the circumstances, submitted Ext.P4 representation to the first respondent seeking orders to relieve him from the obligations under the contract. It is alleged that orders are yet to be passed on Ext.P4 representation. In the meanwhile, the second respondent raised bills in respect of the completed portion of the work and forwarded the same to the first respondent for appropriate actio n. Ext.P5 is the communication issued by the second respondent to the first respondent in this regard. Since there was no action on Ext.P4 representation, the petitioner preferred Ext.P7 representation to the first respondent seeking directions for early disbursement of the proceeds of the bills. In Ext.P7, the petitioner sought directions from the first respondent for disbursement of the retention amounts,

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W.P.(C) No.19085 of 2021

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amounts paid by the petitioner to the Kerala State Electricity Board for shifting of posts and cables and also for release of performance guarantees. It is alleged that no action is taken on Ext.P7 representation also. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.

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2 . Heard the learned counsel for the petitioner as also the learned Government Pleader.

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Having regard to the facts and circumstances of the case, especially the averments in the writ petition that the work entrusted to the petitioner could not be completed for reasons not attributable to them, I deem it appropriate to dispose of the writ petition directing the first respondent to take a decision on Ext.P7 representation, after affording the petitioner an opportunity of hearing. Ordered accordingly. This shall be done within six weeks.

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Sd/P.B.SURESH KUMAR, JUDGE.

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W.P.(C) No.19085 of 2021

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF RELEVANT PAGES OF AGREEMENT DATED 14.05.2018 EXECUTED BY THE PETITIONER AND THE 1ST RESPONDENT

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Exhibit P2 TRUE COPY OF LETTER DATED 5.7.2018 SENT BY THE PETITIONER INTIMATING HINDRANCES

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Exhibit P3 TRUE COPY OF LETTER DT 21.10.2019 SENT BY THE PETITIONER REQUESTING FOR EXTENSION OF TIME

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Exhibit P4 TRUE COPY OF LETTER DATED 18.11.2020 SENT BY THE PETITIONER INTIMATING TERMINATION OF CONTRACT

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Exhibit P5 TRUE COPY OF COMMUNICATIONS OF ASSISTANT ENGINEER TO ASST. EXECUTIVE ENGINEER AND ASSISTANT EXECUTIVE ENGINEER TO EXECUTIVE ENGINEER AND EXECUTIVE ENGINEER TO THE 1ST RESPONDENT

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Exhibit P6 TRUE COPY OF REPRESENTATION DT 2.6.2021 SENT BY THE PETITIONER REQUESTING TO DISBURSE THE FINAL BILL

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Exhibit P7 TRUE COPY OF REPRESENTATION DATED 19/4/2021 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.

Begorra Infrastructure and Developers Pvt. Ltd. v. the Project Director

Case brief

What is this about?

What did the court decide?

Begorra Infrastructure and Developers Pvt. Ltd. v. the Project Director

Case brief

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