Allowed

Krishna Engineering v. Commander Works Engineer

Kerala HC4 Nov 2022WP(C)/17205/2022

Case brief

AI extract

What is this about?

Writ petitioner, an enlisted contractor, approached the Court for direction to pay the approved bill amount owing for construction work completed in 2020. The Court observed no justification for the delay, particularly after bilateral approval, and directed the ER3 to pay.

What did the court decide?

Directing the 3rd respondent to pay the bill amount approved as per Ext. P5 within three months of receipt of a copy of this judgment.

Krishna Engineering Vs Commander Works… — 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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FRIDAY, THE 4^TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

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WP(C) NO. 17205 OF 2022

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PETITIONER:

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KRISHNA ENGINEERING C/O. BHAGYODAY STORES, BAZAR CHOWK, NALIYA, KUTCH DISTRICT, GUJARAT - 370655 PRESENTLY HAVING OFFICE AT VIRJDHAM SOCIETY, NALIYA, GUJARAT - 370655 REPRESENTED BY ITS MANAGING PARTNER SHRI SABU P.K., PIN - 370655 BY ADVS. DEEPU THANKAN UMMUL FIDA LAKSHMI SREEDHAR R.RAJANANDINI MENON SHAHNAS K.P ABHIRAMI S.

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RESPONDENTS:

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1 COMMANDER WORKS ENGINEER BARRACKS PO, WELLINGTON, COONOOR, NILGIRIS, TAMIL NADU, PIN - 643231 2 ASSISTANT GARRISON ENGINEER (I) PO-HQ HOSPITAL, KANNUR, PIN – 670017 ADDL. R3 IMPLEADED. ADDL. R3 CENTRAL ORGANIZATION, ECHS, ADJUTANT GENERAL'S BRANCH, IHQ OF MID (ARMY), ECHS BHAVAN, TIMAYYA MARY, NEAR GOPINATH CIRCLE, DELHI, CANNT-110 010. ADDL. R3 IS IMPLEADED AS PER ORDER IN I.A.1/2022 DATED 4.11.2022. BY ADV MANU S. ASG OF INDIA

OTHER PRESENT:

W.P.(C).17205/2022

CGC V GIREESH KUMAR

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).17205/2022

JUDGMENT

Dated this the 4^th day of November, 2022

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The petitioner, an enlisted B Class Contractor of the Military Engineering Services, had executed the work, 'Construction of Building for ECHS Polyclinic Type 'C' at Perinthalmanna under the AGE(I) Cannanore'. The work was awarded on 01.08.2018. The petitioner completed the work on 20.01.2020 and submitted its bill on 10.02.2020. The final bill was approved by the Military Engineering Services on 23.01.2021. In spite of the approval, the amount due under the bill is not disbursed to the petitioner. Hence, this writ petition.

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Learned counsel for the petitioner submits that there is no justification in not disbursing the amount legitimately due to the petitioner. It is submitted that, since the petitioner's agreement was with the 1^st respondent, the 1^st respondent is bound to disburse the amount in terms of the agreement.

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W.P.(C).17205/2022

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I heard the learned CGC also.

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Considering that the work was completed to the

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satisfaction of the respondents way back on 20.01.2020 and

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the bill is pending payment from 10.02.2020, there is no justification in delaying the payment any further, more so, since the bill was sanctioned on 23.01.2021.

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The writ petition is hence disposed of directing the 3^rd respondent to pay the bill amount approved as per Ext. P5, within three months of receipt of a copy of this judgment.

Sd/-

V.G.ARUN

JUDGE

W.P.(C).17205/2022

APPENDIX OF WP(C) 17205/2022

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PETITIONER EXHIBITS

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Exhibit	P-1 TRUE COPY OF THE NOTICE INVITING TENDER ISSUED BY THE FIRST RESPONDENT DATED 08/06/2018
Exhibit	P-2 TRUE COPY OF THE LETTER OF ACCEPTANCE ISSUED BY THE FIRST RESPONDENT DATED 01/08/2018
Exhibit	P-3 TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE SECOND RESPONDENT DATED 20/01/2020
Exhibit	P-4 TRUE COPY OF THE 7TH RAR DATED 10/02/2020
Exhibit	P-5 TRUE COPY OF THE APPROVED FINAL BILL DATED 23/01/2021
Exhibit	P-6 TRUE COPY OF THE REMINDER SENT BY THE PETITIONER TO THE FIRST RESPONDENT DATED 30/09/2020
Exhibit	P-7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 10/12/2021

Krishna Engineering v. Commander Works Engineer

Case brief

What is this about?

What did the court decide?

Krishna Engineering v. Commander Works Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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