Dismissed

Suvidha Enterprises v. Central Warehousing Corporation

Kerala HC16 Aug 2022WP(C)/10047/2022

Case brief

AI extract

What is this about?

Petitioner challenged penalty for work delay and higher GST rate in a godown roofing contract. Court held effective remedy lies with Dispute Redressal Committee and disposed of the writ petition with directions to the committee.

What did the court decide?

Petitioner directed to approach the Dispute Redressal Committee; committee directed to consider petitioner's contentions.

Suvidha Enterprises Vs Central Warehousing… — Contract and Commercial Disputes | Kerala HC (2022)

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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 V.G.ARUN

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TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944

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WP(C) NO. 10047 OF 2022

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PETITIONER/S:

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SUVIDHA ENTERPRISES

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DOOR NO 3/729, KODATH HOUSE, KURUPPUMPADY P.O.PERUMBAVOOR-683
545, REPRESENTED BY ITS MANAGING PARTNER, ANOOP K MADHAV,
AGED 39 YEARS, S/O K.P MADHAVAN, KADATH HOUSE, KURUPPUMPADY
P.O.PERUMBAVOOR-683 545.
BY ADVS.
S.SHANAVAS KHAN
S.INDU

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RESPONDENT/S:

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1 CENTRAL WAREHOUSING CORPORATION 4/1, SIRI INSTITUTIONAL AREA AUGUST KRANTI MARG, HAUZ KHAZ, NEW DELHI-110 016, REPRESENTED BY ITS CHAIRMAN

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2 THE CHIEF ENGINEER, CENTRAL WARE HOUSING CORPORATION, CORPORATE OFFICE, 4/ SIRI INSTITUTIONAL AREA, AUGUST KRANTI MARG, HAUZ KHAS, NEW DELHI110 016

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3 THE REGIONAL MANAGER, CENTRAL WARE HOUSING CORPORATION, 2253,D MAVELI ROAD, GANDHINAGAR, KADAVANTRA, KOCHI-682 020

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4 THE EXECUTIVE ENGINEER, CENTRAL WARE HOUSING CORPORATION, 2253,D MAVELI ROAD, GANDHINAGAR, KADAVANTRA, KOCHI-682 020

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5 THE WARE HOUSE MANAGER, CENTRAL WARE HOUSING CORPORATION, G-62H, NEHRU NAGAR, KURIACHIRA, THRISSUR-680 006

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6 THE WARE HOUSE MANAGER, CENTRAL WARE HOUSING CORPORATION, KINFRA TECHNO INDUSTRIAL PARK, CALICUT UNIVERSITY P.O.KAKKANCHERRY, IDIMUZHICKAL, MALAPPURAM-673 635.

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7 THE WARE HOUSE MANAGER, CENTRAL WARE HOUSING CORPORATION, EDATHALA, ALUVA, ERNAKULAM683 563

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8 THE EXECUTIVE ENGINEER, CENTRAL WARE HOUSING CORPORATION CORPORATE OFFICE, 4/1 SIRI INSTITUTIONAL AREA AUGUST KARANTI MARGH, HAUZ KHAS, NEW DELHI-110 016 BY ADVS. ELVIN PETER P.J. K.R.GANESH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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16.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 10047 OF 2022

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JUDGMENT

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Dated this the 16^th day of August, 2022

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The petitioner was awarded the work of replacement of A/C seeks roofing with pre-coated galvalume sheets in the godowns of the Central Warehousing Corporation at Edathala, Kakkancherry and Thrissur. As per the agreement executed by the petitioner, the work was to be completed on or before 13/4/2020. According to the petitioner for reasons beyond his control, the work to be commenced only by March 2020. The petitioner pointed out the difficulties being faced by it and the employer was gracious enough to extend the initial contract period. The petitioner completed the works within 102 d ays of the extended period. Thereafter, the petitioner submitted its final bill. The petitioner is aggrieved by the imposition of penalty for the delay in completing the works and charging of GST at the rate of 18% instead of 12%.

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2.In the counter affidavit filed by the 3rd respondent, it is stated that the petitioner has an effective remedy of approaching the Dispute Redressal Committee.

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3.Learned counsel for the petitioner submits that, for the time being, the petitioner will be satisfied with the Dispute

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WP(C) NO. 10047 OF 2022

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Redressal Committee considering the grievances highlighted in this writ petition.

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The writ petition is accordingly disposed of , leaving it open

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for the petitioner to approach the Dispute Redressal Committee

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and directing the committee to consider all contentions put forth by the petitioner.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 10047 OF 2022

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APPENDIX OF WP(C) 10047/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE PRESS NOTICE DATED
27.6.2019 INVITING E-TENDER ISSUED BY
THE 2ND RESPONDENT
Exhibit P2TRUE COPY OF THE LETTER OF ACCEPTANCE
DATED 30.9.2019 ISSUED BY THE 2ND
RESPONDENT ALONG WITH THE WORK SCHEDULE
Exhibit P3TRUE COPY OF THE COMMUNICATION DATED
21.7.2020 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
Exhibit P4TRUE COPY OF THE LETTER DATED 27.7.2020
ISSUED BY THE 5TH RESPONDENT TO DEPOT
MANAGER THRISSUR
Exhibit P5TRUE COPY OF THE COMMUNICATION DATED
16.3.2021 OF THE SUPERINTENDING ENGINEER
Exhibit P6TRUE COPY OF THE RECOMMENDATION OF THE
4TH RESPONDENT DATED 20.12.2021
RESPONDENT ANNEXURES
ANNEXURE R4(a)The true of the relavant pages of the
agreement together with relavant pages
of the general condition of contract
along with typed copy

Suvidha Enterprises v. Central Warehousing Corporation

Case brief

What is this about?

What did the court decide?

Suvidha Enterprises v. Central Warehousing Corporation

Case brief

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