Contractor seeking writ directing State authorities to pay pending bill for completed work within four months despite State's plea of budget constraints and seniority-based payment.
Payment of Rs. 33,15,993/- and interest at 12% to be made within four months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 1536 OF 2022
PETITIONER:
SHAREEF, AGED 48 YEARS, VATTIPPARAMBIL HOUSE, CHERAKKAPARAMBA P.O., ANGADIPPURAM, MALAPPURAM -679321.
BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD
RESPONDENTS:
1 THE KERALA WATER AUTHORITY, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033, REP. BY ITS MANAGING DIRECTOR.
2 THE EXECUTIVE ENGINEER, PH DIVISION, MALAPPURAM, UP HILL P.O., MALAPPURAM-673009.
3 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695003.
BY ADV. P.M.JOHNY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.1536/2022
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JUDGMENT
Dated this the 24th day of March, 2022
The petitioner is a Contractor undertaking works for the Kerala Water Authority. The petitioner was awarded the work "Date plan-2019-20-(MPM-M-SPLAN-2019-20WSI-NW-005) WSS to Elamkulam-improving water supply to Aligarh Muslim University Campus”. Ext.P1 is the work order. Ext.P2 agreement was executed on 26.10.2019. The petitioner submitted 1st and final bill for the work amounting to ₹33,15,993/-. The bill was submitted in the year 2020. The respondents did not honour the bill. The petitioner is therefore before this Court seeking to direct the respondents to pay the petitioner forthwith the amount covered by Ext.P4 together with interest at the rate of 12%.
WP(C)No.1536/2022
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WP(C)No.1536/2022
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respondents. The petitioner completed the work satisfactorily on 29.04.2020. The petitioner submitted his CC 1st and final bill. It was received by the respondents on 25.05.2020 and the bill was passed for payment of ₹33,15,993/-.
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petitioner be paid, the Standing Counsel submitted that no such fixed time can be given and payment will be made as and when funds are received.
In the facts and circumstances of the case, the writ petition is disposed of directing the respondents to pay the amounts found due to the petitioner, within a period of
four months.
Sd/- N. NAGARESH JUDGE
SR
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APPENDIX OF WP(C) 1536/2022
PETITIONER'S EXHIBITS:
| Exhibit P1 | TRUE COPY OF THE NO.DB4AMU/4991/2018-19 9.10.2019. |
WO | RK ORDER DATED |
|---|---|---|---|
| Exhibit P2 | TRUE COPY OF THE WO NO.EE/MPM/PH/88/2019-20 26.10.2019. |
RKS | AGREEMENT DATED |
| Exhibit P3 | TRUE COPY OF THE AGREEMENT NO.I OF EE/M 20 DATED 24.6.2020. |
SU PM/P |
PPLEMENTAL H/88/2019- |
| Exhibit P4 | TRUE COPY OF NO.DB4/AMU/4991/2018-19 16.7.2020 TOGETHER WITH DATED 16.7.2020. |
THE CER |
LETTER DATED TIFIED CB3 |
| Exhibit P5 | TRUE COPY OF NO.DB4/AMU/4991/2018-19 9.11.2020. |
THE | LETTER DATED |
SR
3 issues framed by the court
Whether the State can withhold payment indefinitely due to lack of funds after a contractor completes the work satisfactorily.
Whether the contractor is entitled to payment of the dues within a specific timeframe.
Relief: Direction to State to pay the due amount of Rs. 33,15,993/- along with interest within four months.
Shareef
The Kerala Water Authority, represented by its Managing Director
The Executive Engineer, PH Division, Malappuram
The Finance Manager & Chief Accounts Officer, Kerala Water Authority
N. Nagareth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
