Disposed

Tbas - Ekk Consrtium v. Kerala Irrigation Infrastructure Development Corporation

Kerala HC20 Jun 2022WP(C)/10484/2022

Case brief

AI extract

What is this about?

A writ petition filed regarding inordinate delay in disbursement of amounts due under work bills. The court disposed of the petition directing the first respondent to pay the balance amount within two weeks upon receipt of funds from the second respondent.

What did the court decide?

Direction to the 1st respondent to disburse the balance amount due under bills P5 and P6 within two weeks, subject to sanction and availability of funds from the 2nd respondent.

Tbas - Ekk Consrtium Vs Kerala Irrigation… — Labour and Industrial 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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MONDAY, THE 20^TH DAY OF JUNE 2022 / 30TH JYAISHTA, 1944

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WP(C) NO. 10484 OF 2022

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PETITIONER:

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TBAS - EKK CONSRTIUM KIZHAKKEDATH BUILDING NO.VI/617D , EDATHALA P.O., KUNJATTUKARA, ALUVA, ERNAKULAM,-683 561,REP BY TBAS CONSTRUCTION (LEAD MEMBER) KIZHAKKEDATH BUILDING NO.VI/617D , EDATHALA P.O., KUNJATTUKARA, ALUVA, ERNAKULAM,683 561 THROUGH ITS PROPRIETOR BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD

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RESPONDENTS:

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1 KERALA IRRIGATION INFRASTRUCTURE DEVELOPMENT CORPORATION TC 84/3 , NH 66 BYEPASS SERVICE ROAD, NEAR EANCHAKKAL JN., CHAKKAI P.O., THIRUVANANTHAPURAM-695 024, REP BY ITS MANAGING DIRECTOR 2 KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB), 2ND FLOOR, FELICITY SQUARE, STATUE JUNCTION, THIRUVANANTHAPURAM-695 001, REP BY ITS CHIEF EXECUTIVE OFFICER BY ADVS. PIRAPPANCODE V.S.SUDHEER FOR R1 S. CHANDRASEKHARAN NAIR, STANDING COUNSEL FOR R2 AKASH S.(K/980/2008) A.MEGHA(K/000488/2018) GIRISH KUMAR M S(K/001593/2018) V.S.VARALEKSHMI(K/000910/2019) AMRITHAPRIYA.C(K/002655/2021)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 10484 OF 2022

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JUDGMENT

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Dated this the 20^th day of June, 2022

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This writ petition is filed, aggrieved by the

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inordinate delay in disbursing the amounts due to the petitioner under Exts.P5 and P6 bills. By interim order dated 07.04.2022, the 1^st respondent was directed to do the needful for paying 50% of the amounts covered by Exts.P5 and P6, within six weeks. It was also directed that if any bill was forwarded by the 1^st respondent to the 2^nd respondent, the 2^nd respondent should scrutinise the same and sanction sufficient amounts.

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Learned Standing Counsel for the 1^st respondent submitted, on instructions, that, in terms of the interim order, 50% of the bill amount is being disbursed today (20.06.2022) and balance amount will be disbursed within two weeks, upon

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receipt of funds from the 2^nd respondent.

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In the light of the above submission, the writ

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WP(C) NO. 10484 OF 2022

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petition is disposed of, directing the 1^st respondent to disburse the balance amount due to the petitioner under Exts.P5 and P6 bills within two weeks, subject to the amounts being sanctioned and made available by the 2^nd respondent.

Sd/-

V.G.ARUN

JUDGE

NB/20-6

WP(C) NO. 10484 OF 2022

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APPENDIX OF WP(C) 10484/2022

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PETITIONER’S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE MOU DATED 24.01.2020 EXHIBIT P2 TRUE COPY OF THE WORK ORDER NO.KIIDC/290/KIIFBRCB/PERINCHERIKADAVU/2019 DATED 05.05L2020

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EXHIBIT P3 TRUE COPY OF THE WORKS AGREEMENT NO.216/KIIDC/2020-21 DATED 07.09.2020 EXHIBIT P4 TRUE COPY OF THE SUPPLEMENTAL AGREEMENT NO.1 DATED 02.11.2021 EXHIBIT P5 TRUE COPY OF THE CERTIFIED CC -I & PART BILL EXHIBIT P6 TRUE COPY OF THE CERTIFIED CC -II & PART BILL EXHIBIT P7 TRUE COPY OF THE LETTER NO.TBAS/HO/127/RCBKIIDC/2021-22 OF THE PETITIONER EXHIBIT P8 TRUE COPY OF THE LETTER NO.TBAS/HO/126/KIIDCRCB/2021-22 DATED 2.03.2022 OF THE PETITIONER EXHIBIT P9 TRUE COPY OF THE LETTER NO.TBAS/HO/129/RCBKIIDC/2021-22 DATED 21.03.2022

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Tbas - Ekk Consrtium v. Kerala Irrigation Infrastructure Development Corporation

Case brief

What is this about?

What did the court decide?

Tbas - Ekk Consrtium v. Kerala Irrigation Infrastructure Development Corporation

Case brief

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What did the court decide?

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