Allowed

T.v.Sunil v. the Kerala Agro- Industries Corporation Ltd.

Kerala HC19 Aug 2022WP(C)/8012/2022

Case brief

AI extract

What is this about?

In a contract dispute over construction works, the Court directed the District Animal Husbandry Office to pay the first respondent the final bill amount, enabling the first respondent to disburse the admitted sum of Rs.13,68,440/- to the petitioner within two weeks.

What did the court decide?

Third respondent to pay Rs.20,88,246/- to first respondent; first respondent to pay Rs.13,68,440/- to petitioner within two weeks each.

T.v.Sunil Vs the Kerala Agro- Industries… — 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 19TH DAY OF AUGUST 2022 / 28TH SRAVANA, 1944

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WP(C) NO. 8012 OF 2022

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PETITIONER/S:

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T.V.SUNIL
AGED 49 YEARS
S/O.T.K.VIJAYAN, THARANILATHU HOUSE, ADIMALI, IDUKKI.
BY ADVS.
P.P.JACOB
MARIYAM JACOB
MARIYA TITTY

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RESPONDENT/S:

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1 THE KERALA AGRO- INDUSTRIES CORPORATION LTD KISSAN JYOTHI, FORT THIRUVANANTHAPURAM, PIN - 695 023, REPRESENTED BY THE MANAGING DIRECTOR.

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2 THE KERALA AGRO-INDUSTRIES CORPORATION LTD. DISTRICT OFFICE, KANNUR, LINE ROAD, KANNUR, PIN - 670 001 REPRESENTED BY ITS DIVISIONAL ENGINEER.

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3 THE DISTRICT ANIMAL HUSBANDRY OFFICE KANNUR, PIN - 670 001, REPRESENTED BY THE DISTRICT ANIMAL HUSBANDRY OFFICER.

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4 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

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BY ADVS.
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 8012 OF 2022

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JUDGMENT Dated this the 19^th day of August, 2022

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The petitioner was entrusted with various

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construction works by the first respondent Corporation. The agreed amount was Rs.2,08,53,348/-. The petitioner completed the work and raised bill for the balance amount due. The first respondent has filed counter affidavit, stating that the amount due to the petitioner is Rs.20,88,246/- and after necessary deductions, the amount payable is only Rs.13,68,440/-.

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Learned Counsel for the petitioner disputed the statement and also submitted that the first respondent should, atleast, pay the admitted amount.

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Learned Counsel for the first respondent pointed out that the final bill has been forwarded to the Animal Husbandry Department and payment is awaited.

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Learned Government Pleader submitted that the Government has transferred an amount of Rs.3.5 Crores to the Animal Husbandry Department for implementing the

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WP(C) NO. 8012 OF 2022

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3

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project under the Rashtriya Krishi Vikas Yojana.

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Learned Standing Counsel referred to Ext.R1(f) letter to submit that, despite requests, the Animal Husbandry Department has not paid the final bill amount of Rs.20,88,246/-.

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In view of the admission in the counter affidavit of the first respondent that Rs.13,68,440/- is due to the petitioner, the Writ petition is disposed of as under;

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(i) The third respondent shall pay the amount of Rs.20,88,246/- to the first respondent within two weeks.

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(ii) Thereupon, the first respondent shall disburse the admitted amount of Rs.13,68,440/- to the petitioner within two weeks.

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(iii) The dispute regarding actual bill amount payable shall be decided by the Executive Engineer, Building Division, PWD, having jurisdiction over the area in which

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the first respondent is situated, as contemplated in Clause 19 of Ext.R1(b).

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(iv) For effectuating such consideration, the

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WP(C) NO. 8012 OF 2022

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petitioner shall submit an appropriate application and produce copy of this writ petition along with the certified copy of the judgment.

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Sd/-

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V.G.ARUN
JUDGE

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WP(C) NO. 8012 OF 2022

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APPENDIX OF WP(C) 8012/2022

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PETITIONER EXHIBITS

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Exhibit P1TRUE PHOTOCOPY OF THE RELEVANT PORTION
OF THE SELECTION NOTICE ISSUED BY THE
FIRST RESPONDENT TO THE PETITIONER
DATED 21/3/2018.
Exhibit P2TRUE PHOTOCOPY OF THE DETAILS OF
RUNNING ACCOUNT BILL DATED 2/12/2019
FORWARDED BY THE SECOND RESPONDENT TO
THE THIRD RESPONDENT DATED 2/12/2019.
Exhibit P3TRUE PHOTOCOPY OF THE NOTICE DATED
23/2/2021, 26/2/2021 ISSUED TO THE
PETITIONER BY THE KERALA BANK, ADIMALI
BRANCH.
Exhibit P4TRUE PHOTOCOPY OF THE NOTICE DATED
26/2/2021 ISSUED TO THE PETITIONER'S
WIFE BY THE KERALA BANK, ADIMALI
BRANCH.
Exhibit P5TRUE PHOTOCOPY OF THE JUDGMENT IN WP(C)
18366/21 DATED 4/12/21.
Exhibit P6TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 17/1/22 FILED BY THE PETITIONER
BEFORE THE FIRST RESPONDENT.
Exhibit P7TRUE PHOTOCOPY OF THE RELEVANT PORTION
OF THE FINAL BILL, PAGES 1119, 1152,
1153 AND 1154 ALONG WITH TYPED COPY.
Exhibit P8TRUE PHOTOCOPY OF THE LETTER ISSUED BY
THE FIRST RESPONDENT DATED 30/12/2021.

T.v.Sunil v. the Kerala Agro- Industries Corporation Ltd.

Case brief

What is this about?

What did the court decide?

T.v.Sunil v. the Kerala Agro- Industries Corporation Ltd.

Case brief

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What did the court decide?

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