Allowed

K.Pradeep v. the Managing Director

Kerala HC29 Nov 2022WP(C)/25660/2022

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What is this about?

The Kerala High Court disposed of a writ petition filed by an electrical contractor regarding delayed payment of work bills. The court directed the respondent General Manager to upload bills and sanction dues within specified timelines after verification by KIIFB.

What did the court decide?

Direction to second respondent to upload petitioner's bills and KIIFB to sanction amount within one month of receipt from KIIFB.

K.Pradeep Vs the Managing Director — 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 29^TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA,

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1944

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WP(C) NO. 25660 OF 2022

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PETITIONER/S:

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K.PRADEEP AGED 57 YEARS

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S/O.KUNJUKRISHNA PILLAI, AGED 57, ELECTRICAL CONTRACTOR, MIDHUN ELECTRICALS, KALADY, KARAMANA, THIRUVANANTHAPURAM-695002.

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BY ADV AJITH KRISHNAN

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RESPONDENT/S:

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1 THE MANAGING DIRECTOR KERALA STATE CONSTRUCTION CORPORATION LIMITED, PONNURUNNI, VYTTILA, ERNAKULAM-682019.

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2 THE GENERAL MANAGER, KERALA STATE CONSTRUCTION CORPORATION LIMITED, REGIONAL OFFICE, PMG, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033.

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3 THE PROJECT DIRECTOR, PROJECT MANAGEMENT UNIT, KERALA INFRASTRUCTURE INVESTMENT FUND BOARD(KIIFB) CARMEL TOWERS, COTTON HILL, VAZHUTHACAUD, THIRUVANANTHAPURAM695014.

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4 CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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BY ADV SHRI.M.RAJAGOPALAN NAIR, SC, KSCC LTD.

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OTHER PRESENT:

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GP P. S. Appu; SC for KIIFB S. Chandrashekharan Nair

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 25660 of 2022

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-2-

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JUDGMENT

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Dated this the 29^th day of November, 2022

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The petitioner was awarded the work - “KIIFB-SCDD-Construction of Government ITI, Attipra, at Thiruvananthapuram” by the Kerala State Construction Corporation. The work is funded by the KIIFB. The petitioner completed the work on 10.12.2019 and raised his bill. The KIIFB conducted inspection at the site and pointed out certain defects to the Kerala State Construction Corporation Ltd. Without submitting the compliance report after curing the defects, the second respondent cannot upload the bills in the official portal of the KIIFB.

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Learned Standing Counsel for the KIIFB submitted that the compliance report has now been filed and the portal has been filed and the portal has been unblocked. As such, the second respondent can upload the petitioner's bills.

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W.P.(C) No. 25660 of 2022

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In the light of the above submission, the

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writ petition is disposed of directing the second respondent to upload the petitioner's bills, after due verification, within two weeks. Once the bills are uploaded, the KIIFB shall also conduct necessary verification and, if the bills are found to be in order, sanction the amount due under the bill to the second respondent within one month. The second respondent shall disburse the amount to the petitioner within one month of

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receipt of the amount from the KIIFB.

Sd/-

V.G.ARUN JUDGE

Scl/29.11.2022

W.P.(C) No. 25660 of 2022

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-4-

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PETITION	ER EXH	IBITS
Exhibit	P1	TRUE COPY OF THE THE 2ND RESPONDEN VIDE NO.CC/RG/TVM 6/8/2019.	WORK ORDER ISSUED BY T TO THE PETITIONER /06/2018/357 DATED
Exhibit	P2	TRUE COPY OF THE ACCEPTED SCHEDULE OF THE WORK.	RELEVANT PAGES OF THE OF REVISED ESTIMATE
Exhibit	P3	TRUE COPY OF THE THE REGIONAL MANA	STATEMENT ISSUED BY GER OF CORPORATION.
Exhibit	P4	TRUE COPY OF THE THE REGIONAL MANA RESPONDENT DATED	REPORT SUBMITTED BY GER TO THE 2ND 27.1.2021.
Exhibit	P5	TRUE COPY OF THE 5/6/2022 SUBMITTE BEFORE THE 1ST RE	REPRESENTATION DATED D BY THE PETITIONER SPONDENT.

K.Pradeep v. the Managing Director

Case brief

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K.Pradeep v. the Managing Director

Case brief

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