Disposed

P.C.Shaji v. Kerala Water Authority

Kerala HC3 Aug 2021WP(C)/8430/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a contractor regarding a delayed extension of work term. The court permitted the petitioner to file an application for time extension under the contract terms and directed the respondent to consider it within a week.

What did the court decide?

Petitioner permitted to prefer application for extension of time; respondent directed to consider and decide the application within a week.

P.C.Shaji Vs Kerala Water Authority — 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.B.SURESH KUMAR

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TUESDAY, THE 3^RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943 WP(C) NO. 8430 OF 2021

PETITIONER:

P.C.SHAJI

AGED 51 YEARS

S/O.CHEMPAKAM PILLAI, PEEDIKAPARAMBIL, MOUNT SINAI ROAD, THODUPUZHA-685 584.

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BY ADVS. JOBY JACOB PULICKEKUDY SRI.ANIL GEORGE

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RESPONDENTS:

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1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-695 033.

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2 THE CHIEF ENGINEER SOUTHERN REGION, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM-695 033.

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3 THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KERALA WATER AUTHORITY, KOTTAYAM-686 002.

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4 THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, KOTTAYAM-686 002.

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W.P.(C) No.8430 of 2021

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SRI.BENJAMIN PAUL, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.8430 of 2021

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W.P.(C) No.8430 of 2021

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J U D G M E N T

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Petitioner is a contractor undertaking a work awarded by the third respondent. The grievance of the petitioner in the writ petition concerns Ext.P3 order, in terms of which the term of completion of the work has been extended on a request made by the petitioner till 31.03.2021 as against the claim of the petitioner for a larger period.

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When this matter was taken up today, the learned Standing Counsel for the respondents submitted that if the petitioner prefers an application for extension of time for a further period, the third respondent would certainly consider the same in accordance with the terms of the contract.

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In the aforesaid facts and circumstances, the writ petition is disposed of permitting the petitioner to prefer an

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W.P.(C) No.8430 of 2021

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application for extension of time in accordance with the terms and conditions of the contract before the third respondent. It is also directed that if the petitioner prefers an application within a week from today as permitted, the same shall be considered by the third respondent in accordance with the terms of the contract within a week thereafter.

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Sd/- P.B.SURESH KUMAR, JUDGE.

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W.P.(C) No.8430 of 2021

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APPENDIX OF WP(C) 8430/2021

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE PHOTOCOPY OF THE AGREEMENT SIGNED BY THE PETITIONER AND THE 3RD RESPONDENT DATED 20.3.2018

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EXHIBIT P2 TRUE PHOTOCOPY OF TIME EXTENSION APPLICATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 30.12.2020

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EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER PASSED BY THE 3RD RESPONDENT DATED 12.3.2021

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EXHIBIT P4 TRUE PHOTOCOPY OF REPRESENTATION DATED 25.3.2021 SUBMITTED BEFORE THE 3RD RESPONDENT

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EXHIBIT P5 TRUE PHOTOCOPY OF REPRESENTATION DATED 25.3.2021 SUBMITTED BEFORE THE 1ST RESPONDENT

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EXHIBIT P6 TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 30.03.2021 PASSED BY THIS HON'BLE COURT IN WP(C) 8430/2021

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EXHIBIT P7 TRUE PHOTOCOPY OF UNDERTAKING SUBMITTED BY THE COUNSEL FOR THE PETITIONER DATED 07.04.2021

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EXHIBIT P8 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 24.05.2021 FILED BEFORE THE 3RD RESPONDENT

P.C.Shaji v. Kerala Water Authority

Case brief

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P.C.Shaji v. Kerala Water Authority

Case brief

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