Disposed

P. C.Thomas and Co. v. Union of India

Kerala HC17 Oct 2022WP(C)/15777/2022

Case brief

AI extract

What is this about?

The Court fixed the applicability of the alternative remedy under the General Conditions of Contract. Without delving into disputed facts, it directed the petitioner to approach the Dispute Redressal Committee within two weeks.

What did the court decide?

Petitioner permitted to approach Dispute Redressal Committee within two weeks; removal of materials from site permitted; no coercive steps for four months.

P. C.Thomas and Co. Vs Union of India — Service and Employment | 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 17TH DAY OF OCTOBER 2022 / 25TH ASWINA, 1944
WP(C) NO. 15777 OF 2022

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PETITIONER/S:

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P. C.THOMAS AND CO.
PUTHUSSERY HOUSE, MAMANGALAM PALARIVATTOM, KOCHI - 682
025, REPRESENTED BY THE PARTNER, PAUL THOMAS.
BY ADVS.
K.L.VARGHESE (SR.)
SANTHA VARGHESE
RAHUL VARGHESE
RANJITH VARGHESE

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RESPONDENT/S:

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1UNION OF INDIA
REPRESENTED BY THE EXECUTIVE ENGINEER, CPWD, THRISSUR
CENTRAL DIVISION, MUNDASSERY MEMORIAL BUILDING,
CHEMBUKKAVU, THRISSUR - 680 020.

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2 THE SUPERINTENDING ENGINEER CPWD, COCHIN CENTRAL CIRCLE, 4TH FLOOR, KENDRIYA BHAVAN, KAKKANAD, KOCHI - 682 037.

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3 THE ADDITIONAL DIRECTOR GENERAL CPWD, SR-II, KENDRIYASADAN, KORAMANAGALA, BANGALORE-560 034.

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4 THE MANAGER

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FEDERAL BANK LTD., 35/31A, NH-47, PALARIVATTOM, KOCHI -
25.

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BY ADV MANU S. ASG OF INDIA

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OTHER PRESENT:

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SC FOR R4; MOHAN JACOB GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 15777 OF 2022

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JUDGMENT

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Dated this the 17^th day of October, 2022

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After hearing the learned CGC and the learned Standing Counsel, I find that in view of the alternative remedy provided under clause 25 of the General Conditions of Contract, it will be appropriate to dispose the writ petition with certain specific directions, rather than delving into the disputed questions of fact. Accordingly, the following directions are issued;

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The submission made on behalf of the petitioner that the bank guarantee is valid upto August 2023 is recorded. The petitioner is permitted to approach the Dispute Redressal Committee under clause 25 of General Conditions of Contract, within two weeks. If such application is filed, the same shall be considered on merits and an appropriate decision taken. In the meanwhile, the petitioner shall be permitted to remove the materials / structures / equipments from the site without hindrance.

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Till a decision is taken by the Dispute Redressal Committee, no coercive steps shall be taken against the

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WP(C) NO. 15777 OF 2022
 3

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petitioners for a period of four months or for one month from the date of decision of the Dispute Redressal Committee, so that the petitioners get an opportunity to approach the competent forum in the event of the Dispute Redressal Committee’s decision being against them. The respondents will be at liberty to proceed for re-tender of the work, if so advised.

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Sd/V.G ARUN JUDGE

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WP(C) NO. 15777 OF 2022

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APPENDIX OF WP(C) 15777/2022

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`PETITIO`	`NER EXHI`	`BITS`
`Exhibit`	`P1`	`TRUE COPY OF` `ISSUED BY THE` `RESPONDENT.`	`THE LETTER DT. 17.11.21` `PETITIONER TO THE 1ST`
`Exhibit`	`P2`	`TRUE COPY OF` `10.12.27 ISSU` `THE PETITIONE`	`THE LETTER OF AWARD DT.` `ED BY THE 1ST RESPONDENT TO` `R.`
`Exhibit`	`P3`	`TRUE COPY OF` `AGREEMENT NO.` `ACCOMPANIMENT`	`THE FACING SHEET OF` `15/EE-TCR/2021-22 WITHOUT` `S.`
`Exhibit`	`P4`	`TRUE COPY OF` `BY THE PETITI`	`THE PROGRAM CHART SUBMITTED` `ONER TO THE 1ST RESPONDENT.`
`Exhibit`	`P5`	`TRUE COPY OF` `THE CPWD MANU`	`THE RELEVANT PROVISIONS OF` `AL 2019.`
`Exhibit`	`P6`	`TRUE COPY OF` `ISSUED BY THE` `RESPONDENT.`	`LETTER DATED 01.03.2022` `PETITIONER TO THE 1ST`
`Exhibit`	`P7`	`TRUE COPY OF` `ISSUED BY THE` `RESPONDENT.`	`LETTER DATED 14.03.2022` `PETITIONER TO THE 1ST`
`Exhibit`	`P8`	`TRUE COPY OF` `ISSUED BY THE` `RESPONDENT, W` `RESPONDENT.`	`THE LETTER DT. 24.03.22` `PETITIONER TO THE 1ST` `ITH COPY TO THE 2ND`
`Exhibit`	`P9`	`TRUE COPY OF` `ISSUED BY THE` `PETITIONER.`	`THE LETTER DT. 28.03.22` `1ST RESPONDENT TO THE`
`Exhibit`	`P10`	`TRUE COPY OF` `ISSUED BY THE` `RESPONDENT.`	`THE LETTER DT. 02.04.22` `PETITIONER TO THE 1ST`
`Exhibit`	`P11`	`TRUE COPY OF` `ISSUED BY THE` `PETITIONER.`	`THE LETTER DT. 02.04.22` `1ST RESPONDENT TO THE`
`Exhibit`	`P12`	`TRUE COPY OF` `DEMOBILIZATIO` `START OF WORK` `CEMENT STORE.`	`PHOTOS BEFORE AND AFTER` `N OF ARRANGEMENTS MADE FOR` `INCLUDING LABOUR SHEDS,`
`Exhibit`	`P13`	`TRUE COPY OF` `CONTRACT.`	`RELEVANT CONDITIONS OF`
`Exhibit`	`P14`	`TRUE COPY OF` `ISSUED BY THE` `PETITIONER.`	`THE LETTER DATED 08.04.2022` `1ST RESPONDENT TO THE`
`Exhibit`	`P15`	`TRUE COPY OF`	`THE LETTER DATED 29.04.2022`

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WP(C) NO. 15777 OF 2022

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	`ISSUED BY THE 2ND` `PETITIONER.`	`RESPONDENT TO THE`
`Exhibit P16`	`TRUE COPY OF THE` `ISSUED BY THE 1ST` `PETITIONER.`	`LETTER DATED 05.05.2022` `RESPONDENT TO THE`
`Exhibit P17`	`TRUE COPY OF THE` `GUARANTEE ISSUED` `UNDER COVER OF LE`	`PERFORMANCE BANK` `BY THE FEDERAL BANK` `TTER DT. 22.12.21.`
`RESPONDENT ANNEXU`	`RES`
`Annexure R1(a)`	`True copy of the` `TCR/2022/213 date`	`Letter No. 23(128/B)/EE-` `d 8.3.2022`
`Annexure R1(b)`	`True copy of the` `TCR/2022/285 date`	`letter no 23(128/B)/EE-` `d 21/03/2022`
`Annexure R1(c)`	`True copy of the` `of Contract`	`Relevent page of the GCC`
`Annexure R1(d)`	`true copy of the` `applicable "GCC C` `with amendments i`	`contract along with` `onstruction Works 2020` `ssued upto 10.11.2021`
`Annexure R1(e)`	`True copy of the` `29 of the agreeme`	`schedule F para 2 page` `nt`
`Annexure R1(f)`	`True copy of the` `the Superintendin`	`sire inspection note of` `g Engineer`
`PETITIONER EXHIBI`	`TS`
`Exhibit P18`	`ADDL.EXHIBIT P-18` `NO.67 OF THE AGRE` `CONDITION FOR STE`	`: TRUE COPY OF THE PAGE` `EMENT SPECIFYING THE` `EL REINFORCEMENT`
`Exhibit P19`	`ADDL.EXHIBIT P-19` `SPECIAL CONDITION` `AGREEMENT`	`TRUE COPY OF THE` `10 AT PAGE 46 OF THE`
`Exhibit P20`	`ADDL.EXHIBIT P-20` `OF VALIDITY PERIO`	`TRUE COPY OF EXTENSION` `D OF THE BID`
`Exhibit P21`	`TRUE COPY OF THE` `ISSUED ON 25/3/20`	`STRUCTURAL DRAWING` `22`

P. C.Thomas and Co. v. Union of India

Case brief

What is this about?

What did the court decide?

P. C.Thomas and Co. v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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