Disposed

Mascom Steel (India) Pvt. Ltd. v. Renewable Power Corporation of Kerala Ltd. (Rpckl)

Kerala HC16 Dec 2022WP(C)/27807/2022

Case brief

AI extract

What is this about?

The High Court permitted the petitioner to seek a refund of the amount remitted under a cancelled contract for building and operating a captive solar PV park. The operator failed to remit the balance contract amount, leading to contract cancellation. The court directed the respondent to consider the refund request within one month.

What did the court decide?

Petitioner permitted to make a request for refund of the deposited amount within two weeks.

Mascom Steel (India) Pvt. Ltd. Vs Renewable… — Contract and Commercial Disputes | Kerala HC (2022)

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W.P.(C) No.27807 of 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 16^TH DAY OF DECEMBER 2022 / 25TH AGRAHAYANA, 1944

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WP(C) NO. 27807 OF 2022

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PETITIONER/S:

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MASCOM STEEL (INDIA) PVT. LTD ERUMATHALA P.O., V-713, NEAR IDA, ALUVA, ERNAKULAM DISTRICT, KERALA - 683 112, REPRESENTED BY ITS MANAGING DIRECTOR SRI.GEORGE ANTONY. BY ADV N.JAMES KOSHY

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RESPONDENT/S:

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RENEWABLE POWER CORPORATION OF KERALA LTD. (RPCKL) KANHANGAD SOUTH P.O., ANANDASRAMAM, KASARAGOD DISTRICT, PIN - 671 531 REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. Joseph Antony JOHN MANJOORAN(K/526/2019) RAJU JOSEPH (SR.)(R-191)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWIN

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W.P.(C) No.27807 of 2022

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V.G.ARUN J.

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W.P.(C) No.27807 of 2022

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Dated this the 16th day of December 2022

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JUDGMENT

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The petitioner was awarded the contract to build, own and operate a 5-10 MWp Ground Mounted Grid Connected Captive Solar PV Park at Nellithadam in the Kasaragod Solar park. The petitioner executed the agreement and remitted one third of the contract amount, but failed to remit the balance two third. As a result, the contract was cancelled and the work was awarded to a new contractor. The petitioner is seeking refund of the amount remitted.

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Learned Counsel for the petitioner submitted that the work having been re-tendered, the money remitted towards the contract amount and security deposit are bound to be refunded.

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Learned Senior Counsel appearing for the respondent submitted that project is to be completed in a time bound manner and the last date for completion is 31/3/2023. If the present contractor fails to complete the work within the stipulated time, the respondent may have to impose penalty. Computation of the amount, if any, payable to the petitioner therefore be effected only after the work completes.

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Responding to the above submission, learned counsel for the petitioner argued that, in so far as the petitioner has submitted a

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W.P.(C) No.27807 of 2022

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request for refund, the respondent ought to be directed to take a decision in the matter.

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I find the above submission to be well founded. The writ petition is accordingly disposed of, permitting the petitioner to make a request for refund of the deposited amount within two weeks of receipt of a copy of this judgment. On such a request being made, a competent officer in the respondent shall consider the request and take appropriate decision thereon within one month.

Sd/-

V.G.ARUN JUDGE

dpk

W.P.(C) No.27807 of 2022

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APPENDIX OF WP(C) 27807/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE E-TENDER AS PER CONTRACT NO.RPCKL/28/2022-23/E-TENDER 1/2022 DATED 27/04/2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
Exhibit P2	TRUE COPY OF THE FORMAT-2 GENERAL PARTICULARS OF THE BIDDER SUBMITTED BY PETITIONER.
Exhibit P3	TRUE COPY OF THE CONSORTIUM DECLARATION OF 4 COMPANIES DATED 09/05/2022.
Exhibit P4	TRUE COPY OF THE FINANCIAL ELIGIBILITY CRITERIA REQUIREMENT OF THE PETITIONER COMPANY FOR YEAR 2020-21 SUBMITTED ON 17/05/2022 BEFORE THE 1ST RESPONDENT.
Exhibit P5	TRUE COPY OF THE E-MAIL DATED 30/05/2022 OF THE E-TENDERING SYSTEM, GOVERNMENT OF KERALA TO THE PETITIONER.
Exhibit P6	TRUE COPY OF LETTER OF ACCEPTANCE NO.RPCKL/1/2022-23/E-TENDER 1/2022 DATED 30/05/2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.
Exhibit P7	TRUE COPY OF THE COMMUNICATION DATED 09/06/2022 SENT BY PETITIONER TO MEMBERS OF CONSORTIUM.
Exhibit P8	TRUE COPY OF THE COMMUNICATION DATED 10/06/2022 SENT BY THE PETITIONER TO THE RESPONDENT.
Exhibit P9	TRUE COPY OF THE WORK ORDER NO.02/RPCKL/2022 DATED 10/06/2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.
Exhibit P10	TRUE COPY OF THE CHEQUE NO.000172 DATED 18/06/2022 GIVEN BY PETITIONER TO THE RESPONDENT.
Exhibit P11	TRUE COPY OF THE SUPPLEMENTARY AGREEMENT TO LAND USE AND IMPLEMENTATION AGREEMENTS DATED 20/06/2022.

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W.P.(C) No.27807 of 2022

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Exhibit P12	TRUE COPY OF THE LETTER DATED 04/07/2022
	ISSUED BY THE PETITIONER TO THE RESPONDENT.
Exhibit P13	TRUE COPY OF THE LETTER DATED 15/7/2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.
Exhibit P14	TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 19/07/2022 BY THE PETITIONER AND MEMBERS OF THE RESPONDENT.
Exhibit P15	TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 20/07/2022 ISSUED BY SUNRISE HOSPITAL.
Exhibit P16	TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 20/07/2022 ISSUED BY CROWNE PLAZA, KOCHI.
Exhibit P17	TRUE COPY OF THE COMMUNICATION AS PER LETTER NO.RPCKL/28/2022-23/117 DATED 01/08/2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.
Exhibit P18	TRUE COPY OF THE LETTER DATED 17/08/2022 ISSUED BY THE PETITIONER TO THE RESPONDENT.
Exhibit P19	TRUE COPY OF THE TERMINATION ORDER NO.RPCKL/28/2022-23/124 DATED 16/08/2022 ISSUED BY THE RESPONDENT TO THE PETITIONER.
RESPONDENT EXHIBITS
Exhibit-R1(a)	true copy of the letter showing approval of DPR dated 31.05.2019
Exhibit-R1(b)	true copy of the letter issued from MNRE to the Chief Executive Officer RPCKL dated 19.08.2020
Exhibit-R1(c)	true copy of the letter issued by MNRE to the Chief Executive Officer RPCKL dated 03.03.2022
Exhibit-R1(d)	true copy of the letter issued by the respondent company to the petitioner company dated 10.06.2022
Exhibit-R1(e)	true copy of the letter issued by the respondent to MNRE dated 31.05.2022
Exhibit-R1(f)	true copy of the letter issued by the
	petitioner to the respondent dated 11.06.2022

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W.P.(C) No.27807 of 2022

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Exhibit-R1(g)	true copy of the letter issued by the petitioner to the respondent dated 18.06.2022
Exhibit-R1(h)	true copy of the letter issued by the respondent to the petitioner dated 18.06.2022
Exhibit-R1(i)	true copy of the land use agreement made on 20.06.2022
Exhibit-R1(j)	true copy of implementation agreement dated 20.06.2022
Exhibit-R1(K)	true copy of the supplementary agreement dated 20.06.2022
Exhibit-R1(l)	true copy of the letter issued by the petitioner to the respondent dated 05.07.2022
Exhibit-R1(m)	true copy of the letter issued by the respondent to the petitioner dated 05.07.2022
Exhibit-R1(n)	true copy of the minutes of the meeting convened on 19.07.2022
Exhibit-R1(o)	true copy of the letter issued by the petitioner to the respondent dated 20.07.2022
Exhibit-R1(p)	true copy of the email communication sent by the petitioner to the respondent dated 17.08.2022
Exhibit-R1(q)	true copy of the email communication sent by the respondents to the 2nd bidder dated 16.08.2022
Exhibit-R1(r)	true copy of the email communication sent by Malabar Institute of Medical Sciences Ltd dated 26.08.2022

Mascom Steel (India) Pvt. Ltd. v. Renewable Power Corporation of Kerala Ltd. (Rpckl)

Case brief

What is this about?

What did the court decide?

Mascom Steel (India) Pvt. Ltd. v. Renewable Power Corporation of Kerala Ltd. (Rpckl)

Case brief

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What did the court decide?

What the court decided

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