The Court directed that pending work bills be adjusted manually as performance guarantee without insisting on an indemnity certificate through unmodified EMLI software, within three weeks.
The 3rd respondent directed to adjust admissible pending bill amount towards performance guarantee manually within three weeks without requiring EMLI indemnity certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C).No.915 OF 2021(L)
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.915 OF 2021(L)
PETITIONER/S:
ANIL KUMAR C. AGED 47 YEARS
P.W.D CONTRACTOR, CHAPPOTHIL HOUSE, KUNNAMANGALAM P.O, KOZHIKODE - 673571.
BY ADVS. SRI.JOMY GEORGE SRI.R.PADMARAJ SRI.M.J.BENNY SRI.DEEPAK MOHAN SMT. CHITRA N. DAS SHRI.RISHAB S.
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
OTHER PRESENT:
SRGP.SRI.K.V.MANOJ KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.915 OF 2021(L)
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JUDGMENT
Dated this the 1st day of February 2021
The petitioner has been awarded four works as per Exts.P1
to P4 selection notices. While issuing selection notice petitioner was asked to furnish performance guarantee as directed therein. It is stated that total amount towards all these works covered by Exts.P1 to P4 comes to Rs.13,75,475/(Rupees Thirteen lakhs Seventy five thousand four hundred and seventy five only). Petitioner submits that a sum of Rs.21,43,900/- is due to him towards the work undertaken by him - “Providing drainage facilities on Nellankandy - Avilora - Katharammal - Choyimadam – Anappara -Padathumkuzhi - Poonoor road between KM.9/900 to 10/200 LHS” in respect of which Ext.P5 letter has been issued by the 4th respondent on 07.01.2021.
23.06.2020 Government has ordered that the amount under audited and passed bills of contractors would be accepted as Performance Guarantee/Additional Performance Guarantee for new contracts.
Petitioner therefore submitted Exts.P6 and P7 representations dated 28.12.2020 and 05.01.2021 requesting the 4th respondent to adjust the pending bill against the performance guarantee. The 4th respondent thereupon informed the petitioner that bill amount would be accepted towards performance guarantee on the basis of
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WP(C).No.915 OF 2021(L)
indemnity certificate issued online in EMLI application, as provided in Ext.P10 order. This writ petition is filed at this stage, aggrieved by Exts.P8 and P9 letters, as the EMLI software has not so far been modified in tune with Ext.P10 order.
Therefore there shall be a direction to the 3rd respondent
WP(C).No.915 OF 2021(L)
to re-consider the request of the petitioner and to adjust the admissible amount under the pending bill covered by Ext.P5 letter towards performance guarantee in accordance with Ext.P10 Government Order manually, i.e., without insisting for indemnity certificate through EMLI. This shall be done within a period of 'three weeks' from the date of receipt of a copy of the judgment. Petitioner shall also be granted time for execution of agreement by a further period of 'two weeks'.
Sd/-
P.V.ASHA JUDGE
rkc
WP(C).No.915 OF 2021(L)
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE SELECTION NOTI DC09/PRICE/2019/2135 DATED 23. ISSUED BY THE 3RD RESPONDENT. |
CE NO. 12.2020 |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE SELECTION NO.D1/PRICE/2020/3251 DATED 31. ISSUED BY THE 4TH RESPONDENT. |
NOTICE 12.2020 |
| EXHIBIT P3 | TRUE COPY OF THE SELECTION NO.DB3/RD/2020/1312 DATED 31.12.2020 BY THE 4TH RESPONDENT |
NOTICE ISSUED |
| EXHIBIT P4 | TRUE COPY OF THE SELECTION NO.D1/PRICE/2020/578 DATED 04. ISSUED BY THE 4TH RESPONDENT. |
NOTICE 01.2021 |
| EXHIBIT P5 | TRUE COPY OF THE LETTER DATED 07. ISSUED BY THE 4TH RESPONDENT. |
01.2021 |
| EXHIBIT P6 | TRUE COPY OF THE REPRESENTATIONS 28.12.2020 SUBMITTED BY THE PET BEFORE THE 4TH RESPONDENT. |
DATED ITIONER |
| EXHIBIT P7 | TRUE COPY OF THE REPRESENTATIONS 05.01.2021 SUBMITTED BY THE PET BEFORE THE 4TH RESPONDENT. |
DATED ITIONER |
| EXHIBIT P8 | TRUE COPY OF LETTER DATED 04.01.2021 BY THE 4TH RESPONDENT TO THE PETITIO |
ISSUED NER. |
| EXHIBIT P9 | TRUE COPY OF LETTER DATED 05.01.2021 BY THE 4TH RESPONDENT TO THE PETITIO |
ISSUED NER. |
| EXHIBIT P10 | TRUE COPY OF THE GOVERNMENT ORDER NO.3834/2020/FIN DATED 23.06.2020. |
GO(RT) |
| EXHIBIT P11 | TRUE COPY OF THE JUDGMENT DATED 09. IN WP(C) NO. 22048/2020 OF THIS COURT. |
11.2020 HON'BLE |
3 issues framed by the court
Whether the petitioner is entitled to have pending work bills adjusted manually as performance guarantee despite unmodified software.
Whether the State must implement manual mechanisms when the required software modification is unavailable.
Whether the petitioner should be granted time for execution of agreement.
Colour shows how this judgement treated each authority
WP(C) NO. 22048/2020Referred¶11
1 provisions across 1 enactments
ANIL KUMAR C.
STATE OF KERALA
SECRETARY, PUBLIC WORKS DEPARTMENT
SUPERINTENDING ENGINEER PWD ROADS, NORTH CIRCLE
EXECUTIVE ENGINEER, PWD ROADS DIVISION
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.V.ASHA
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