Disposed

Hassan Traders v. Autokast Ltd.

Kerala HC22 Dec 2021WP(C)/20403/2021

Case brief

AI extract

What is this about?

This writ petition challenged the non-payment of dues for scrap iron supplied to a government undertaking. The court directed the respondents to pay the admitted amount of Rs.6,65,002/- in three monthly instalments with 6% per annum interest on default.

What did the court decide?

Direction to pay Rs.6,65,002/- in 3 monthly instalments starting 10.01.2022; 6% per annum interest on default.

Hassan Traders Vs Autokast Ltd. — 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
WEDNESDAY, THE 22ND DAY OF DECEMBER 2021 / 1ST POUSHA, 1943
WP(C) NO. 20403 OF 2021

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PETITIONER:

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HASSAN TRADERS

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MYTHRI NAGAR, MUDIKKAL P.O, PERUMBAVOOR, ERNAKULAM
683547, REPRESENTED ITS PROPRIETOR M HASSAN
BY ADVS.
BENOJ C AUGUSTIN
RAFEEK. V.K.
U.M.HASSAN
P.PARVATHY

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RESPONDENTS:

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1AUTOKAST LTD.
GOVERNMENT OF KERALA UNDERTAKING, SN PURAM P.O,
CHERTHALA, ALAPPUZHA 688 582, REPRESENTED BY THE
MANAGING DIRECTOR.

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2 MANAGING DIRECTOR AUTOKAST LTD, GOVERNMENT OF KERALA UNDERTAKING, SN PURAM P.O, CHERTHALA, ALAPPUZHA 688 582

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BY ADV LATHA ANAND

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.12.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C).No.20403-2021

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P.V.KUNHIKRISHNAN, J.

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-------------------------------W.P.(C).No.20403 of 2021

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---------------------------------------------Dated this the 22^nd day of December, 2021

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JUDGMENT

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This writ petition is filed with following prayers:

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i. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to expeditiously pay the due amount of Rs.6,65,002/- (Rupees six lakh sixty five thousand and two only) to the petitioner.

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ii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to consider and take appropriate action on Exhibit P2 representation submitted by the petitioner.

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iii. Such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends of justice.

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2. Petitioner is a proprietary concern, engaged in the

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business of acquiring scrap and unserviceable items and

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W.P.(C).No.20403-2021

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conducting resale of the items to third parties. It is the case of the petitioner that he supplied scrap iron to the respondent Government Undertaking during the period of 2018-19 for a total amount of Rs.70,00,000/-. According to the petitioner, as on 01.04.2019, Rs.25,44,002/- was due to the petitioner from the 1^st respondent undertaking. The same is admitted by the 1^st respondent as per Ext.P1. Thereafter on various occasions till 04.03.2020, the 1^st respondent undertaking had paid Rs.18,50,000/- towards the debt. The balance amount payable is Rs.6,65,002/-. This writ petition is filed to issue appropriate direction to the 1^st respondent to disburse the amount.

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3.. Heard the counsel for the petitioner and the Standing Counsel for the respondents.

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The Standing Counsel for the respondents submitted that the admitted amount of Rs.6,65,002/- will be paid in 3 monthly instalments. The counsel for the petitioner also agreed with the same.

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

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The respondents will pay the admitted amount

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of Rs.6,65,002/- to the petitioner in three

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W.P.(C).No.20403-2021

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monthly instalments starting from 10.01.2022.

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If the amount is not paid as directed above, the balance amount will carry interest at the rate of 6% per annum.

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sd/- P.V.KUNHIKRISHNAN JUDGE

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W.P.(C).No.20403-2021

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF DOCUMENT ISSUED BY THE
1ST RESPONDENT SHOWING CREDIT DETAILS
Exhibit P2TRUE COPY OF THE REPRESENTATION DATED
01-09-2021 SUBMITTING BY THE
PETITIONER BEFORE THE RESPONDENTS.

Hassan Traders v. Autokast Ltd.

Case brief

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Hassan Traders v. Autokast Ltd.

Case brief

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