Allowed

Roy Mathew v. Kerala Water Authority

Kerala HC25 Jul 2024WP(C)/23277/2024

Case brief

AI extract

What is this about?

A contractor executing a Jal Jeevan Mission water supply work sought release of a pending bill deposited as performance guarantee by substituting a later part bill as security. The court directed the Kerala Water Authority to take the new bill as security and release the deposited amount within three months.

What did the court decide?

Direction to respondents to take Ext.P3 part bill (Rs.1,50,25,198/-) as performance guarantee security and release Ext.P2 amount (Rs.50,18,936/-) within three months.

Roy Mathew Vs Kerala Water Authority — Public Procurement and Tenders | Kerala HC (2024)

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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 P.M.MANOJ

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THURSDAY, THE 25TH DAY OF JULY 2024 / 3RD SRAVANA, 1946

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WP(C) NO. 23277 OF 2024

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PETITIONER/S:

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ROY MATHEW
AGED 53 YEARS
S/O M M MATHEW, MURINGAMATTOM HOUSE, PERIYAPURAM
POST,PAMBAKUDA, ERNAKULAM-, PIN - 686667
BY ADVS.
ANIL GEORGE
JOBY JACOB PULICKEKUDY
SMITHA PHILIPOSE
ASHIK TOM
AAKHIL MOHAMMED.P.M
ALEX KEVIN GEORGE

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RESPONDENT/S:

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1 KERALA WATER AUTHORITY REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-, PIN - 695033

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2 THE SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, MUVATTUPUZHA-, PIN - 686661

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3 THE EXECUTIVE ENGINEER PROJECT DIVISION, KERALA WATER AUTHORITY, KATTAPANA, PIN - 685515

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4 THE EXECUTIVE ENGINEER PROJECT DIVISION, KERALA WATER AUTHORITY, COLLECTORATE P.O. KOTTAYAM, PIN - 686002

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5 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM -, PIN - 695001 BY ADV P.M.JOHNY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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 W.P.(C) No.23277 of 2024

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J U D G M E N T

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(Dated this the 25^th day of July, 2024)

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This writ petition is preferred being aggrieved

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by non-consideration of a demand made by the
petitioner to adjust Ext.P3 pending bill towards the
petitioner’s security towards the performance
guarantee and release the amount to the petitioner as
per Ext.P2 which has already been kept as a deposit
for performance guarantee.

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2. The petitioner is a registered Government
contractor carrying out contract works for the Kerala
Water Authority. The 2nd respondent floated tender for
the work Jal Jeevan mission (JJM)- WSS to Mankulam
Adimali and Pallivasal (part) Panchayath in Idukki
District- PACKAGE-6- Construction of GL Service
Reservoirs, Supply and laying Clear water pumping main
and gravity main, Supply and laying Distribution lines
to zone 10,12,14 and providing FHTC (Adimali
Panchayath)- General Civil Work with Ext.P1 Agreement
No. 64/2023-24/SE/PHC/MVPA dated 28.12.2023. While
executing Ext.P1 agreement, the petitioner deposited

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 W.P.(C) No.23277 of 2024

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Ext.P2, a pending bill of another work, for an amount
of Rs.50,18,936/-, as performance guarantee amount
towards Ext.P1.

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3.It is stated that he is running short of
funds. Under such circumstances, he seeks a direction
to keep Ext.P3 which is the 1st part bill amounting
Rs.1,50,25,198/- in the ongoing work towards the
performance guarantee and release Ext.P2.

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4.I have heard the learned counsel for the

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petitioner and the learned standing counsel for the
respondents.

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5. In an earlier occasion also, this Court has

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taken same view that amount which is due to the

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petitioner can be taken as security towards
performanceguaranteeamount.Undersuch
circumstances, the petitioner seeks to direct the
respondents to keep the amount due as per Ext.P3 as
performance guarantee and other amount as Ext.P2,
within the hands of the respondents as security, can
be released.

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 W.P.(C) No.23277 of 2024

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Accordingly, there will be direction to the
respondents to release Ext.P2 part bill and take
Ext.P3 as security. The amount shall be released to
the petitioner as expeditiously as possible, at any
rate, within a period of three months from the date of
receipt of copy of this judgment

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Sd/-

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P.M.MANOJ JUDGE

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SM

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 W.P.(C) No.23277 of 2024

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APPENDIX OF WP(C) 23277/2024

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PETITIONER EXHIBITS
EXHIBIT P1THE TRUE PHOTOCOPY OF THE AGREEMENT NO.
64/2023-24/SE/PHC/MVPA DATED 28.12.2023
EXHIBIT P2THE TRUE PHOTOCOPY OF CB3 VOUCHER DATED
03.10.2023 FOR AN AMOUNT OF RS.50,18,936/-
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P3THE TRUE PHOTOCOPY OF CB3 VOUCHER, 1ST PART
BILL FOR AN AMOUNT OF RS.1,50,25,198/- ISSUED
TO THE PETITIONER BY THE 3RD RESPONDENT DATED
28.05.2024

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RESPONDENTS EXHIBITS NIL

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P.A.TO JUDGE

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TRUE COPY

Roy Mathew v. Kerala Water Authority

Case brief

What is this about?

What did the court decide?

Roy Mathew v. Kerala Water Authority

Case brief

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