Disposed

Ashraf.B v. State of Kerala

Kerala HC23 Aug 2022WP(C)/17877/2022

Case brief

AI extract

What is this about?

This writ petition seeks an extension of time for a public works contract. The High Court of Kerala permitted the petitioner to apply for an extension within two weeks, directing the respondent to consider the request after an opportunity of hearing.

What did the court decide?

Petitioner permitted to submit an application for extension of the contract period within two weeks for the second respondent to consider.

Ashraf.B Vs State of Kerala — 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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TUESDAY, THE 23^RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944

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WP(C) NO. 17877 OF 2022

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PETITIONERS:

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ASHRAF.B AGED 43 YEARS S/O. B. ABDULLAKUNHI HAJI, BAK COMPOUND, BERKA - CHERKALA, CHENGALA, KASARAGOD - 671541. BY ADVS. P.B.KRISHNAN P.B.SUBRAMANYAN SABU GEORGE MANU VYASAN PETER

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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2 THE SUPERINTENDING ENGINEER, PWD ROADS, CENTRAL CIRCLE, ALUVA - 683101.

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3 EXECUTIVE ENGINEER, PWD ROADS AND BRIDGES, CHEMBUKAVU, THRISSUR - 680020.

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4 ASSISTANT EXECUTIVE ENGINEER, PWD ROADS DIVISION, THALAPPILLY, KUMARANELLOOR P.O, THRISSUR - 680590.

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5 ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER, PWD ROADS SECTION, WADAKKANCHERY, KODUNGALLUR - SHORNUR ROAD, WADAKKANCHERY, THRISSUR - 680582.

OTHER PRESENT:

GP AMMINIKUTTY K

W.P.(C) No.17877/2022

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING

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W.P.(C) No.17877/2022

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V.G.ARUN J.

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W.P.(C) No.17877 of 2022

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Dated this the 23rd day of August 2022

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JUDGMENT

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Petitioner was awarded the work of improvements to Cheruthuruthy-Ponnani Road by the second respondent. The agreement was executed on 3/12/2019. As per the terms of agreement, the work had to be completed within one year. Petitioner commenced the work, but was not able to complete it within the period of contract. According to the petitioner, failure to complete the work in time is not in any manner attributable to him. On the request of the petitioner, the contract period was once extended. The petitioner was not able to complete the work even within the extended period. The petitioner has again approached the authority with Exhibit P27 representation seeking further extension. The representation is now pending before the second respondent.

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Learned counsel for the petitioner submits that a reading of Ext.P22 will reveal that the 3rd respondent is convinced that the delay is not attributable to the petitioner. It is submitted that the petitioner is even now willing to continue the work, if extension is granted by the

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W.P.(C) No.17877/2022

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second respondent.

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The learned Government Pleader refuted the petitioner's claim of not being responsible for the delay and submitted that, on the first occasion, the second respondent had considered the petitioner's request for extension favourably and this time also, the request will be considered, but the liberty to take appropriate decision should be left open. It is also submitted that the bank guarantee executed by the petitioner in connection with the work has expired and if the petitioner is desirous of continuing the work, he should first extend the validity period of bank guarantee. Further, the petitioner will also have to execute a supplementary agreement, if the period of contract is to be extended as requested in Ext.P29.

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Learned counsel for the petitioner submits that the petitioner is willing to do the needful, but Ext.P25 may not result in the petitioner being denied of further loans from the KFC .

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The learned Government Pleader submitted that the petitioner's apprehension was misplaced since Ext.P25 letter is sent in connection with the subject work alone.

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The writ petition is accordingly disposed of permitting the petitioner to submit an application for extension of the contract period within two weeks. If such request is made, it shall be considered by the second respondent and appropriate decision taken thereon within two

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W.P.(C) No.17877/2022 5

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weeks after affording an opportunity of hearing to the petitioner. In the event of the second respondent deciding the request for extension favourably, the petitioner shall be bound to comply with the requirements pointed out by the respondents.

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Sd/V.G.ARUN Judge

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dpk

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W.P.(C) No.17877/2022

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APPENDIX OF WP(C) 17877/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE AGREEMENT, DATED 03.12.2019. Exhibit P2 TRUE COPY OF THE ACKNOWLEDGEMENT FORM OF HANDING OVER THE SITE, DATED 12.12.2019. Exhibit P3 TRUE COPY OF THE LETTER DATED 08.10.2020 ISSUED BY RESPONDENT NO.3. Exhibit P4 TRUE COPY OF THE LETTER DATED 30.10.2020 ISSUED BY RESPONDENT NO.2. Exhibit P5 TRUE COPY OF THE LETTER DATED 16.11.2020 ISSUED BY RESPONDENT NO. 2. Exhibit P6 TRUE COPY OF THE LETTER UNDATED, SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2. Exhibit P7 TRUE COPY OF THE LETTER NO. W-10561/2018-19 DATED 16.11.2021 ISSUED BY RESPONDENT NO.5 TO RESPONDENT NO. 4. Exhibit P8 TRUE COPY OF THE LETTER, DATED 25.03.2021 ISSUED BY THE PETITIONER TO RESPONDENT NO.2. Exhibit P9 TRUE COPY OF THE LETTER DATED 03.05.2021 ISSUED BY RESPONDENT NO.4 TO ASST. ENGINEER, KSEB ELECTRICAL SECTION, DESAMANGALAM. Exhibit P10 TRUE COPY OF THE LETTER, DATED 03.05.2021 ISSUED BY RESPONDENT NO.4 TO ASST. ENGINEER, KSEB ELECTRICAL SECTION CHERUTHURUTHY. Exhibit P11 TRUE COPY OF THE LETTER DATED 02.08.2020 ISSUED BY RESPONDENT NO.2. Exhibit P12 TRUE COPY OF THE INVOICE DATED 11.08.2021 ISSUED FROM THE DESAMANGALAM ELECTRICAL SECTION. Exhibit P13 TRUE COPY OF THE INVOICE DATED 16.08.2021 ISSUED FROM THE DESAMANGALAM ELECTRICAL SECTION. Exhibit P14 TRUE COPY OF THE INVOICE DATED 15.08.2021

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W.P.(C) No.17877/2022

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	ISSUED FROM THE CHERUTHURUTHY ELECTRICAL SECTION.
Exhibit P15	TRUE COPY OF THE INVOICE DATED 22.10.2021 ISSUED FROM THE CHERUTHURUTHY ELECTRICAL SECTION.
Exhibit P16	TRUE COPY OF THE LETTER, DATED 29.10.2021 ISSUED BY RESPONDENT NO.4.
Exhibit P17	TRUE COPY OF THE LETTER, DATED 06.11.2021 ISSUED BY THE PETITIONER TO RESPONDENT NO.4.
Exhibit P18	TRUE COPY OF THE LETTER, DATED 16.11.2021 ISSUED BY THE PETITIONER TO RESPONDENT NO.2.
Exhibit P19	TRUE COPY OF THE LETTER, DATED 20.11.2021 ISSUED BY THE PETITIONER TO RESPONDENT NO. 2.
Exhibit P20	TRUE COPY OF THE SUPPLEMENTAL AGREEMENT, DATED 20.12.2021 EXTENDING THE PERIOD UP TO 30.06.2021.
Exhibit P21	TRUE COPY OF THE SUPPLEMENTAL AGREEMENT, DATED 20.12.2021 EXTENDING THE PERIOD UP TO 31.12.2021.
Exhibit P22	TRUE COPY OF THE LETTER RECEIVED BY RESPONDENT NO. 2 ON 20.12.2021 ALONG WITH MINUTES OF THE MEETING HELD ON 17.12.2021.
Exhibit P23	TRUE COPY OF THE ORDER NO. DTT - 10561/2018 DATED 21.02.2022 ISSUED BY RESPONDENT NO.2.
Exhibit P24	TRUE COPY OF THE LETTER DATED 06.04.2022 SUBMITTED BY THE PETITIONER TO RESPONDENT NO.3.
Exhibit P25	TRUE COPY OF THE LETTER, DATED 24.05.2022 ISSUED BY RESPONDENT NO.3 TO THE MANGER, KFC KASARAGOD BRANCH.
Exhibit P26	TRUE COPY OF THE REPRESENTATION DATED 26.05.2022 SUBMITTED BY THE PETITIONER TO RESPONDENT NO. ...
Exhibit P27	TRUE COPY OF THE REPRESENTATION DATED 30.05.2022 SUBMITTED BY THE PETITIONER TO RESPONDENT ON.2

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W.P.(C) No.17877/2022

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RESPONDENT ANNEXURES

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Annexure R3(b) True copy of proceedings order No.DTT10561/2018 dated 17-08-2021 Annexure R3(c) True copy of the hand receipts bill Annexure R3(d) True copy of the reminder lettre dated 19-042022 issued by Executive Engineer PWD,road Division,Thrissur. Annexure R3(a) True copy of the letter No. D3-10561/2018 dated 21-03-2022 of Executive Engineer Annexure R3(c) True copy of the hand receipts bill Annexure R3(d) True copy of the reminder lettre dated 19-042022 issued by Executive Engineer PWD,road Division,Thrissur. Annexure R3(a) True copy of the letter No. D3-10561/2018 dated 21-03-2022 of Executive Engineer PETITIONER EXHIBITS Exhibit P28 TRUE COPY OF THE LETTER DATED 30/05/2022 ISSUED BY 3RD RESPONDENT TO 2ND RESPONDENT Exhibit P29 TRUE COPY OF THE LETTER NO. DTT-10561/2018, DATED 25/06/2022 ISSUED BY THE 2ND RESPONDENT EXTENDING TIME TILL 20/05/2022

Ashraf.B v. State of Kerala

Case brief

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Ashraf.B v. State of Kerala

Case brief

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