Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 19TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 WP(C) NO. 41762 OF 2023 PETITIONER:
M/S. S MAX INDIA, CONTRACTOR, INDANE BOTTLING PLANT, UDAYAMPEROOR, ERNAKULAM DISTRICT HAVING ITS OFFICE ADDRESS AT CC NO. 57/2131, IST FLOOR, KP VALLON ROAD, OPP. ST. JOSEPH CHURCH, KADAVANTHRA, KOCHI, 682020, REPRESENTED BY ITS PROPRIETOR, SANU M.C.
BY ADVS.
K.R.RAJKUMAR JAGADEESH LAKSHMAN R.K.RAKESH NANDANA BABU T.
RESPONDENTS:
1 INDIAN OIL CORPORATION LTD, KERALA STATE OFFICE, PANAMPALLY NAGAR, ERNAKULAM,-682036 REPRESENTED BY ITS CHIEF GENERAL MANAGER.
2 THE CHIEF PLANT MANAGER INDANE BOTTLING PLANT, INDIAN OIL CORPORATION LTD., UDAYAMPEROOR, ERNAKULAM DISTRICT, PIN - 682307 BY ADVS.
GOPIKRISHNAN NAMBIAR M KRISHNA S.KRISHNA MOORTHY(ERNAKULAM) K.JOHN MATHAI(K/413/1984) JOSON MANAVALAN(J-526) KURYAN THOMAS(K/131/2003) PAULOSE C. ABRAHAM(MAH/58/2006) RAJA KANNAN(K/356/2008) NAYANPALLY RAMOLA(K/687-F/2014) BALAGOPALAN B.
SRI.E.K.NANDAKUMAR (SR.)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT Even though Sri.K.R.Rajkumar – learned counsel for the petitioner, vehemently argued this matter finally for a substantial period of time, presumably being alerted by Sri.E.K.Nandakumar, learned Senior Counsel, instructed by Smt.Ramola Nayanpally, appearing for the respondent – Indian Oil Corporation Ltd. (IOCL), that Ext.P11 has not been challenged and, therefore, that the petitioner would have to be construed to have acquiesced to its terms, he sought liberty to withdraw this writ petition and to approach this Court again, arraying proper parties and seeking relevant reliefs.
In the afore circumstances and since the request for withdrawing this writ petition in the afore manner is not opposed, I close this writ petition as having been withdrawn; with the afore requested liberty being reserved to the petitioner.
Sd/- DEVAN RAMACHANDRAN JUDGE anm
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APPENDIX OF WP(C) 41762/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE TECHNICAL BID TENDER NO. SRCC/PT/004/KESO/2021-22 DATED 22-07- 2021 OF INDIAN OIL CORPORATION Exhibit P2 THE TRUE COPY OF THE CONTRACT AGREEMENT FOR LOADING AND UNLOADING OF LPG CYLINDERS AT LPG BOTTLING PLANT, COCHIN BETWEEN THE PETITIONER FIRM AND 1ST RESPONDENT DATED 29-07-2021 Exhibit P3 THE TRUE COPY OF THE WORK ORDER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 31-07-2021 Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN WP (C) NO. 14815 OF 2021 DATED 26-08-2021 OF THIS HON'BLE COURT Exhibit P5 THE TRUE COPY OF THE TENDER SUMMARY REPORT DOWNLOADED FROM THE OFFICIAL SITE OF THE INDIAN OIL CORPORATION DATED 25.08.2023 Exhibit P6 THE TRUE COPY OF THE DETAILS OF ENKAY ASSOCIATES, 4TH RESPONDENT IN EXHIBIT P4 JUDGMENT, DOWNLOADED FROM THE GOODS AND SERVICE TAX PORTAL DATED NIL Exhibit P6(a) THE TRUE COPY OF THE BID SUBMISSION CONFIRMATION WITH REGARD TO THE ENKAY ASSOCIATES WITH THE SAME GSTIN NUMBER MENTIONED IN EXHIBIT P6 DATED 25-08-2023 Exhibit P7 THE TRUE COPY OF THE DETAILS OF C M KUJUMOHAMMED, 5TH RESPONDENT IN EXHIBIT P4 JUDGMENT DOWNLOADED FROM THE GOODS AND SERVICE TAX PORTAL DATED NIL Exhibit P7(a) THE TRUE COPY OF THE BID SUBMISSION CONFIRMATION WITH REGARD TO THE C M KUNJUMOHAMMED WITH THE SAME GST NO. DATED 25-08-2023 Exhibit P8 THE TRUE COPY OF THE REVISED WORK ORDER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 26-08-2021 Exhibit P9 THE TRUE COPY OF THE WORK ORDER REF. NO.
KESO/LPG/142(2021) ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE PERIOD OF ONE YEAR WITH EFFECT FROM 01- 09-2022 TO 31-08-2023, DATED 26-08-2022 Exhibit P10 THE TRUE COPY OF THE WORK COMPLETION CERTIFICATE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 17-10-2022
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Exhibit P11 THE TRUE COPY OF THE WORK ORDER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER FOR THE PERIOD OF 01-09-2023 TO 31-12-2023, DATED 31-08-2023 Exhibit P12 THE TRUE COPY OF THE LETTER ALONG WITH THE STATEMENT OF ACCOUNTS SUBMITTED TO THE REGIONAL LABOUR COMMISSIONER BY THE RESPONDENT COMPANY DATED 31-10-2023 Exhibit P13 THE COPY OF THE STATEMENT PREPARED BY THE PETITIONER OF THE COMPARATIVE STUDY OF EXHIBIT P12 AND THE ACTUAL BILLED ACCOUNT DATED NIL Exhibit P14 THE TRUE COPY OF THE LIMITED TENDER DOCUMENT NO. CHNBP/KESO/2023-24/L&UL NOTIFIED BY THE 1ST RESPONDENT SHOWING THE START OF TENDER ON 05/12/23 AND ENDING IT ON 15/12/23 DATED NIL Exhibit P15 THE TRUE COPY OF THE SHOW CAUSE NOTICE NO. CBP/LUL ISSUED BY THE DGM (PLANT) OF THE 1ST RESPONDENT DATED 08-12-2023 Exhibit P16 THE TRUE COPY OF THE E-MAIL SENT TO THE RESPONDENT COMPANY BY THE PETITIONER STATING THE FACT ABOUT WITHHOLDING THE BILLED AMOUNT WITHOUT ANY COGENT REASONS DATED 04-12-2023 Exhibit P17 THE TRUE COPY OF THE CIRCULAR NO.
04/04/21 OF THE CENTRAL VIGILANCE COMMISSIONER DATED 06-04-2021 Exhibit P18 THE TRUE COPY OF THE JUDGMENT IN WP(C) 23599 OF 2017 OF THIS HONOURABLE COURT DATED 12-10-2017 RESPONDENT EXHIBITS Exhibit R1(a) A TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DATED 14.09.2021 EXECUTED BETWEEN THE PETITIONER AND THE LOADING / UNLOADING WORKMEN Exhibit R1(b) A TRUE COPY OF THE MINUTES OF MEETING FOR MODIFICATION OF MOS DATED 10.11.2021 Exhibit R1(c) A TRUE COPY OF THE COMPLAINT DATED NIL, SUBMITTED TO THE RESPONDENT ON 23.08.2023 Exhibit R1(d) A TRUE COPY OF THE COMPLAINTS DATED 25.08.2023 AND 01.09.2023 RECEIVED FROM THE GENERAL SECRETARY, KERALA PETROLEUM AND GAS WORKERS UNION (CITU) Exhibit R1(e) A TRUE COPY OF THE LETTER DATED 28.08.2023 ISSUED BY INDIAN OIL CORPORATION LIMITED TO THE PETITIONER
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Exhibit R1(f) A TRUE COPY OF THE REPLY DATED 31.08.2023 SUBMITTED BY THE PETITIONER Exhibit R1(g) A TRUE COPY OF THE LETTER DATED 08.09.2023 (WITHOUT ENCLOSURES) SUBMITTED BY INDIAN OIL CORPORATION LIMITED TO THE REGIONAL LABOUR COMMISSIONER Exhibit R1(h) TRUE COPY OF THE TERMINATION NOTICE DATED 31.12.2023 (WITHOUT ANNEXURES) ISSUED TO THE PETITIONER