Disposed

Jain Builders v. Chief Engineer (Nw)

Kerala HC4 Apr 2024WP(C)/1905/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought enhancement of contract rates citing material price and wage increases. The court directed the second respondent to consider and pass orders on the petitioners submission (Ext.P13) with reference to special conditions (Ext.P5) within two months.

What did the court decide?

Direction to the second respondent to consider Ext.P13 with reference to Ext.P5 and pass orders within two months.

Jain Builders Vs Chief Engineer (Nw) — Contract and Commercial Disputes | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

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WP(C) NO. 1905 OF 2021

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PETITIONER:

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JAIN BUILDERS

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216(C), SHIVA COLONY, MAYO LINK ROAD, AJMER-305007,
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER MR. PRAFUL
JAIN, S/O SHRI SUBODH JAIN.

¶9

BY ADVS.
DEEPU THANKAN
SMT.UMMUL FIDA
SMT.LAKSHMI SREEDHAR

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RESPONDENTS:

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1 CHIEF ENGINEER (NW) MILITARY ENGINEER SERVICE, SOUTHERN NAVAL COMMAND, NAVAL BASE P O, KOCHI-682004.

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2 GARRISON ENGINEER (P) MILITARY ENGINEER SERVICE, SOUTHERN NAVAL COMMAND, NAVAL BASE P O, KOCHI-682004.

¶13

BY ADV N.S.DAYA SINDHU SHREE HARI
SRI.V.GIREESH KUMAR, CGC

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1905 OF 2021

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T.R. RAVI, J.

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WP(C) No.1905 of 2021

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Dated this the 04^th day of April, 2024

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JUDGMENT

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The petitioner had completed certain works for the respondents for which amounts are payable.

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According to the petitioner, the petitioner is entitled to enhancement of rates on account of increase in price of materials and increase in the wages. The petitioner has preferred Ext.P13 before the 2^nd respondent based on Ext.P5, which is a list of special conditions. According to the petitioner Ext.P5 is applicable to the case of the petitioner.

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In view of the limited prayer made, this writ petition is disposed of directing the 2^nd respondent to consider and pass orders on Ext.P13 with due reference to Ext.P5, at the earliest, at any rate within two months from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE

mpm

WP(C) NO. 1905 OF 2021

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PETITIONER’S EXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF THE NOTICE INVITING` `ISSUED BY THE FIRST RESPONDENT` `29.04.2017.`	`TENDER` `DATED`
`EXHIBIT P2`	`TRUE COPY OF THE LETTER OF ACC`	`EPTANCE`
	`ISSUED BY THE FIRST RESPONDENT` `04.07.2017.`	`DATED`
`EXHIBIT P3`	`TRUE COPY OF THE WORK ORDER SHEET` `BY` `THE` `SECOND` `RESPONDENT` `14.07.2017.`	`ISSUED` `DATED`
`EXHIBIT P4`	`TRUE COPY OF THE IAFW 2249 (` `CONDITIONS OF CONTRACTS) FOR LU` `CONTRACT DATED NIL.`	`GENERAL` `MP SUM`
`EXHIBIT P5`	`TRUE COPY OF THE ANNEXURE XI, XI(` `XIII OF APPENDIX X 8.1 OF MAN` `CONTRACTS, 2007 (REPRINT 2012) DATE`	`A) AND` `UAL ON` `D NIL.`
`EXHIBIT P6`	`TRUE COPY OF THE CONTRACTUAL AG` `ENTERED BETWEEN THE PETITIONER A` `FIRST RESPONDENT DATED NIL.`	`REEMENT` `ND THE`
`EXHIBIT P7`	`TRUE COPY OF THE KERALA EXTRAO` `GAZETTE NOTIFICATION DATED 17.06.20`	`RDINARY` `19.`
`EXHIBIT P8`	`TRUE COPY OF THE LETTER SUBMITTED` `PETITIONER DATED 17.06.2019.`	`BY THE`
`EXHIBIT P9`	`TRUE COPY OF THE COMMUNICATION` `SECOND RESPONDENT DATED 24.06.2019.`	`BY THE`
`EXHIBIT P10`	`TRUE COPY OF THE LETTER SUBMITTED` `PETITIONER DATED 09.10.2019.`	`BY THE`
`EXHIBIT P11`	`TRUE COPY OF THE COMMUNICATION` `FIRST RESPONDENT DATED 08.11.2019.`	`BY THE`
`EXHIBIT P12`	`TRUE COPY OF THE LETTER OF THE` `RESPONDENT DATED 08.11.2020.`	`FIRST`
`EXHIBIT P13`	`TRUE COPY OF THE RAR DATED 1/2/2021`	`.`

Jain Builders v. Chief Engineer (Nw)

Case brief

What is this about?

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Jain Builders v. Chief Engineer (Nw)

Case brief

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