Disposed

M/S.Revive Construction Company (India) Pvt. Ltd. v. the State of Kerala

Kerala HC8 Jan 2021WP(C)/28358/2020

Case brief

AI extract

What is this about?

This writ petition by a contractor seeking foreclosure of an agreement due to non-handover of site was disposed of. The High Court directed the superintendent engineer to decide on the representation after hearing within two months and disburse admitted dues if any.

What did the court decide?

Directed 3rd respondent to take a decision on Ext.P6 representation after affording opportunity of hearing within two months and disburse admitted amount if any.

M/S.Revive Construction Company (India) Pvt. Ltd. Vs… — Company and Corporate | 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 SMT. JUSTICE P.V.ASHA

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

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WP(C).No.28358 OF 2020(T)

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PETITIONER:

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M/S.REVIVE CONSTRUCTION COMPANY (INDIA) PVT. LTD KODIVILA HOUSE, NJAVELIKONAM, KILIMANOOR, THIRUVANANTHAPURAM 695 601, REPRESENTED BY ITS MANGING DIRECTOR, A.R. NASARUDEEN, AGED 52 YEARS, S/O. ABDUL RAHMAN.

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BY ADV. SRI.AJITH KRISHNAN

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 THE CHIF ENGINEER, PUBLIC WORKS DEPARTMENT ROAD, PUBLIC OFFICE, THIRUVANANTHAPURAM 695 033.

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3 THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT ROADS (SOUTH CIRCLE), PUBLIC OFFICE, THIRUVANANTHAPURAM 695 033.

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4 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT ROAD DIVISION, P.M.G. JUNCTION, THIRUVANANTHAPURAM 695 033.

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SMT.VINITHA.B , GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28358 OF 2020(T)

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JUDGMENT

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Dated this the 8th day of January 2021

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The petitioner, who was awarded a work of

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surface renewal of Kesavadasapuram-Mannanthala Road Ch.0/000 to 5/000, pursuant to Ext.P1 selection notice issued on 19.09.2017, requests for

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foreclosure of the agreement executed by him.

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It is stated that pursuant to Ext.P1

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selection notice, the petitioner had executed Ext.P2 agreement on 03.10.2017 and he has already undertaken the work except for 0.7km, on the reason for the same is stated that, the respondents had not handed over the site. It is also stated that, the time for completion has already expired on 30.04.2018. Requesting for foreclosure of the

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agreement, petitioner has submitted Ext.P6

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representation before the Superintending Engineer, the 3^rd respondent.

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WP(C).No.28358 OF 2020(T)

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This writ petition is, therefore, disposed of directing the 3^rd respondent to take a decision on Ext.P6 representation, after affording an opportunity of hearing to the petitioner, within a period of two months from the date of receipt of a copy of this judgment. Admitted amount, if any, shall be disbursed to the petitioner within the said period.

Sd/-

P.V.ASHA JUDGE

hmh

WP(C).No.28358 OF 2020(T)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF THE SELECTION NOTICE NO. DBI-2017/670 DATED 19/9/2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT	P2 TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT DATED 03/10/2017 EXECUTED BETWEEN PETITIONER AND 3RD RESPONDENT.
EXHIBIT	P3 TRUE COPY OF THE ACKNOWLEDGEMENT FORM OF HANDING OVER THE SITE TO THE PETITIONER.
EXHIBIT	P4 TRUE COPY OF THE PRICE SCHEDULE ISSUED TO THE PETITIONER FOR THE ABOVE WORK.
EXHIBIT	P5 TRUE COPY OF THE ORDER NO. D4-2363/2017 DATED 10.9.2018 ISSUED BY ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, THIRUVANANTHAPURAM.
EXHIBIT	P6 TRUE COPY OF THE REPRESENTATION DATED 11/11/2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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RESPONDENT'S/S EXHIBITS: NIL

M/S.Revive Construction Company (India) Pvt. Ltd. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

M/S.Revive Construction Company (India) Pvt. Ltd. v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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