Dismissed

Marysadan Edathala International Pvt. Ltd., v. the Superintending Engineer, Public Works Department

Kerala HC22 Dec 2022WP(C)/15650/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition concerning the applicability of a Government Order dated 30.04.2021 to work contracts executed after 01.11.2018 and completed before 30.04.2021. Relying on a previous judgment, the Court held that non-ongoing contracts prior to the specified date are exempt from the order and directed respondents to consider a refund request.

What did the court decide?

Writ petition dismissed; respondents directed to consider petitioner's refund request and take a decision within one month.

Marysadan Edathala International Pvt. Ltd… — Contract and Commercial Disputes | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

THURSDAY, THE 22^ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944

¶5

WP(C) NO. 15650 OF 2021

¶6

PETITIONER:

¶7

1 MARYSADAN EDATHALA INTERNATIONAL PVT. LTD., 8/465, EDATHALA BUILDING, NEAR ST.GEORGE CHAPPAL, YCA JUNCTION, NEELEESWARAM P.O., KALADY, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR, A.P.GEORGE, S/O. PAPPU, AGED 62 YEARS, EDATHALA HOUSE, NEELEESWARAM, KALADY, ERNAKULAM DISTRICT.

¶8

BY ADV BABU S. NAIR

¶9

RESPONDENTS:

¶10

1 THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, R & B CENTRAL CIRCLE, ALUVA, ERNAKULAM DISTRICT, PIN-683101.

¶11

2 THE EXECUTIVE ENGINEER, PWD (ROADS) DIVISION, THRIKKAKARA, ERNAKULAM, ERNAKULAM DISTRICT, PIN-682021.

¶12

BY ADV. K.V.MANOJ KUMAR, SR. GOVERNMENT PLEADER

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

W.P.(C)NO.15650 OF 2021

¶15

¶16

JUDGMENT

¶17

Dated this the 22^nd day of December, 2022

¶18

The petitioner was awarded two works as per Exts.P1 and P3 work orders. The agreement with respect to Ext.P1 work was executed on 08.03.2019 and that work was completed on 27.08.2020. As regards Ext.P3 work, the agreement was executed on 27.12.2018 and the work completed on 30.05.2019.

¶19

The short question arising for consideration is

¶20

whether Ext.P7 Government Order dated 30.04.2021 will be applicable for Exts.P1 and P3 works. That question is no longer res integra in view of the judgment in W.P.(C.) No.23576 of 2021 and produced as Ext.P10. Being contextually relevant, paragraph No.25 and the concluding portion of Ext.P10 is extracted hereunder;

¶21

“Paragraph No.25: Secondly, there may be contracts executed after 01.11.2018 and works completed before issuance of Ext.P7 on 30.04.2021. Subsequently issued Government Orders cannot alter the rights and liabilities of

¶22

W.P.(C)NO.15650 OF 2021

¶23

¶24

concluded commercial contracts. For both the afore reasons, Ext.P7 order cannot be made applicable to all agreements executed after 01.11.2018 and before 30.04.2021.

¶25

In the circumstances, it is declared that Ext. P7 Government Order dated 30.04.2021 will not apply to such contract works undertaken by the petitioners prior to 30.04.2021 which were not ongoing contract works as on 01.11.2018. All consequence of such declaration will follow. The writ petitions are disposed of as above. However, it is made clear that Ext P7 Government Order will apply to all contract works including if any undertaken by the petitioners, the work of which were ongoing as on 01.11.2018.”

¶26

Being in agreement with the above declaration, the writ petition is disposed of, directing the respondents to consider the petitioner’s request for refund in terms of Ext.P10 and take an appropriate decision within one month of receipt of a copy of this judgment.

Sd/-

V.G.ARUN

JUDGE

NB/22-12

W.P.(C)NO.15650 OF 2021

¶32

¶33

		APPENDIX OF WP(C) 15650/2021
PETITION	ER EXHIBITS
EXHIBIT	P1	TRUE COPY OF THE WORK ORDER ISSUED TO THE PETITIONER DATED 9.10.2018.
EXHIBIT	P2	TRUE COPY OF THE ACKNOWLEDGMENT FORM OF HANDING OVER THE SITE TO THE CONTRACTOR.
EXHIBIT	P3	TRUE COPY OF THE WORK ORDER ISSUED TO THE PETITIONER DATED, 26.9.2018 BY THE FIRST RESPONDENT.
EXHIBIT	P4	TRUE COPY OF THE CONTRACTOR'S WORK REGISTER OF KARIYAD MATTOOR ROAD FROM KM 1/800 TO 6/900.
EXHIBIT	P5	TRUE COPY OF THE CONTRACTOR'S WORK REGISTER IN RESPECT OF THE WORK OF PROVIDING BM AND BC TO M.C.ROAD AT CH 233/300 TO 240/600.
EXHIBIT	P6	TRUE COPY OF THE GOVERNMENT ORDER AS G.O.(RT) NO.9386/2018/FIN., DATED 13.11.2018.
EXHIBIT	P7	TRUE COPY OF THE GOVERNMENT ORDER AS G.O.(RT) NO.3815/2021/FIN. DATED 30.4.2021.
EXHIBIT	P8	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 10.7.2021.
EXHIBIT	P9	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED, 10.7.2021 ALONG WITH THE ACKNOWLEDGMENT.
EXHIBIT	P10	TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO. 23576/2021 AND CONNECTED CASES DATED, 11.11.2021.

¶34

RESPONDENTS’ EXHIBITS: NIL

¶35

TRUE COPY

¶36

P.A. TO JUDGE

Marysadan Edathala International Pvt. Ltd., v. the Superintending Engineer, Public Works Department

Case brief

What is this about?

What did the court decide?

Marysadan Edathala International Pvt. Ltd., v. the Superintending Engineer, Public Works Department

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

A.P.Moosakutty Vs State of Kerala Rep. by Secretary to Government

Vaisakh T.P Vs the Union of India

Harikumar N Vs State Bank of India

Jisha George, Vs the Federal Bank Ltd.

Rajeevan K Vs Registrar General, High Court of Kerala

Raghunadh K.T.K. Vs the State of Kerala