Disposed

Vijay Construction v. Jaya.P.T

Kerala HC8 Sept 2023Con.Case(C)/1919/2023

Case brief

AI extract

What is this about?

Petitioner challenged an order rejecting a request to complete a contract. The Court found no violation or wilful disobedience regarding the new order issued, reserving the petitioner's right to challenge it in a separate proceeding, and closed the contempt case.

What did the court decide?

No wilful disobedience found; contempt case closed; right to challenge the rejection order reserved.

Vijay Construction Vs Jaya.P.T — Contract and Commercial Disputes | Kerala HC (2023)

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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 VIJU ABRAHAM

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FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945

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CON.CASE(C) NO. 1919 OF 2023

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AGAINST THE ORDER DATED 18.04.2023 IN WP(C) 14195/2023 OF HIGH COURT OF

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KERALA

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PETITIONER/PETITIONER IN WP(C):

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VIJAY CONSTRUCTION, REPRESENTED BY ITS MANAGING PARTNER
M.P ITTOOP, AGED 84 YEARS, S/O. ITTAN VARGHESE
MYKULANGARA HOUSE KINGINIMATTOM P.O., KOLENCHERY - 682311

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BY ADVS.
BLAZE K.JOSE
NEETHA P.G.
RANJITH C.

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RESPONDENT/RESPONDENT NO.2 IN WP(C):

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JAYA.P.T, AGED ABOUT 52 YEARS
D/O. NOT KNOWN TO THE PETITIONER
SUPERINTENDING ENGINEER, PWD ROADS CENTRAL CIRCLE,
ALUVA,, PIN - 683101

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OTHER PRESENT:

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GP - M.C.ASHI

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case (C) No.1919 of 2023 in W.P.(C) No.14195 of 2023

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VIJU ABRAHAM, J.

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................................................................. Con.Case (C) No.1919 of 2023 in W.P.(C) No.14195 of 2023

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................................................................. Dated this the 8^th day of September, 2023

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JUDGMENT

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Petitioner has approached this Court complaining that there is violation of Annexure-1 interim order. As per Annexure-1 this Court has granted an interim order staying the operation of Ext.P13 wherein the contract was cancelled at his risk and cost. The submission of the petitioner is that he will make a request before the 2^nd respondent to permit him to complete the work within a period of one week and thereupon this Court further ordered that the 2^nd respondent will be free to consider the said request and pass appropriate orders. Petitioner now complains that Annexure-3 order has been issued rejecting the request of the petitioner by the 2^nd respondent. Petitioner further complains that issuance of Annexure-3 is in violation of the directions contained in Annexure-1 order. After going through Annexures-1 and 3 I am of the opinion that there is no wilful disobedience as far as issuance of Annexure-3 order is concerned. In Annexure-1 this Court has only recorded the submission of the petitioner that he will file appropriate representation before the

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Con.Case (C) No.1919 of 2023 in 3 W.P.(C) No.14195 of 2023

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2^nd respondent and directed the 2^nd respondent to consider the same in accordance with law.

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Reserving the right of the petitioner to challenge Annexure-3 the above contempt of court case is closed.

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VIJU ABRAHAM JUDGE

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cks

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Con.Case (C) No.1919 of 2023 in W.P.(C) No.14195 of 2023

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PETITIONER ANNEXURES

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Annexure 1CERTIFIED COPY OF INTERIM ORDER IN
WP(C) NO.14195 OF 2023 OF THIS HON'BLE
COURT
Annexure 2A. TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
19/04/2023
Annexure 3A. TRUE COPY OF ORDER NO.E2-244/2023
DATED 17/06/2023 OF THE RESPONDENT
RESPONDENT ANNEXURES
ANNEXURE R1True copy of the letter dated 15-02-
2023
ANNEXURE R2True copy of the final notice dated
18-02-2023

Vijay Construction v. Jaya.P.T

Case brief

What is this about?

What did the court decide?

Vijay Construction v. Jaya.P.T

Case brief

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