Disposed

Sitco Associates v. Kerala Academy for Skills Excellence (Kase)

Kerala HC11 Jan 2021WP(C)/669/2021

Case brief

AI extract

What is this about?

This writ petition was disposed of by ordering the 1st respondent to consider the petitioner's representation regarding site conditions before commencing work, ensuring an opportunity of hearing for all parties within three weeks.

What did the court decide?

Directed 1st respondent to consider petitioner's representation on site conditions after hearing all parties within three weeks.

Sitco Associates Vs Kerala Academy for… — 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 SMT. JUSTICE P.V.ASHA

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MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

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WP(C).No.669 OF 2021

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PETITIONER:

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SITCO ASSOCIATES, HEAVENLY PLAZA, 6TH FLOOR, CS 6, D.NO.11/275-J 121, VAZHAKKALA, THRIKKAKARA P.O., KAKKANAD, KOCHI - 21, REPRESENTED BY ITS MANAGING PARTNER, M.P.SIDHEEK, S/O.PAREEKUNJU, AGED 53 YEARS, MATHRAKKAT HOUSE, PINARMUNDA, PERINGALA P.O., ERNAKULAM DISTRICT, PIN - 683 565.

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BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SMT.K.S.ARCHANA

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RESPONDENTS:

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1 KERALA ACADEMY FOR SKILLS EXCELLENCE (KASE), 3RD FLOOR, CARMEL TOWER, TC NO.15/1037(24), VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014, REPRESENTED BY ITS MANAGING DIRECTOR.

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2 KERALA IRRIGATION INSTFRASTRUCTURE DEVELOPMENT CORPORATION (KIIDC) LIMITED, EANCHAKKAL, THIRUVANANTHAPURAM - 695 024, REPRESENTED BY ITS MANAGING DIRECTOR.

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3 PRINCIPAL, GOVERNMENT ITI, CHALAKUDY, CHALAKUDY P.O., THRISSUR DISTRICT, PIN - 680 307.

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BY ADV. SMT.PRINCY XAVIER, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.669 OF 2021

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JUDGMENT

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The petitioner, who was awarded the work of upgradation of Government IIT, Chalakudy, pursuant to Ext.P1 selection notice states that though Ext.P2 agreement was executed on 28.10.2020, there were further meetings in which it was found

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that the work cannot be commenced except after carrying out certain other works by the respondents.

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2. It is stated that a meeting was convened in November, 2020 in which the Principal was directed to arrange the facilities, even now the position continues to be the same. Therefore it is stated that petitioner had submitted representations Exts.P4 and P5 before the 1^st respondent requesting for revision of the estimate taking note of the site conditions.

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3. The learned counsel for the petitioner

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submits that the petitioner would be satisfied with a direction to the 1^st respondent to consider the said representations.

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WP(C).No.669 OF 2021

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Therefore the writ petition is disposed of with a direction to the 1^st respondent to take

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a decision on Ext.P5 representation, after affording an opportunity of hearing to petitioner

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as well as the respondents 2 and 3, as expeditiously as possible, at any rate within a period of three weeks from the date of receipt of

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a copy of the judgment. Sd/-

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P.V.ASHA JUDGE

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WP(C).No.669 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT	P1 TRUE COPY 7.10.2020 I	OF SSUE	THE D BY	SELECTION NOTICE DATED THE 1ST RESPONDENT.
EXHIBIT	P2 TRUE COPY RESPONDENT,	OF PE	THE RTAIN	PROCEEDING OF THE 1ST ING TO THE EXECUTION OF
	THE AGREE (20-21) DAT	MEN ED 2	T N 8.10.	O.KASE-1019/2020-EXE-2-1 2020.
EXHIBIT	P3 TRUE COPY HELD ON 23.	OF 11.2	THE 020.	MINUTES OF THE MEETING
EXHIBIT	P3(A) TRUE COPY O THE 3RD R RESPONDENT.	F T ESPO	HE LE NDENT	TTER DATED 27.11.2020 OF FORWARDED TO THE 1ST
EXHIBIT	P4 TRUE COPY	OF	THE	REPRESENTATION DATED
	30.11.2020 BEFORE THE	SU 1ST	BMITT RESPO	ED BY THE PETITIONER NDENT.
EXHIBIT	P5 TRUE COPY	OF	THE	REPRESENTATION DATED
	14.12.2020 BEFORE THE	SU 1ST	BMITT RESPO	ED BY THE PETITIONER NDENT.

Sitco Associates v. Kerala Academy for Skills Excellence (Kase)

Case brief

What is this about?

What did the court decide?

Sitco Associates v. Kerala Academy for Skills Excellence (Kase)

Case brief

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What did the court decide?

What the court decided

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