Mastek Constructions PVT. LTD. vs. The Chief Manager, Kerala Institute Of Local Administration

WP(C)/41534/2022HC KeralaGSTCNR KLHC01090117202201 March 2023Bench: HONOURABLE MR. JUSTICE SHAJI P.CHALY6 pages
AI SummaryAllowed

Held

The High Court directed KILA to conduct a joint inspection with KIIFB within three weeks to confirm defect rectification. If satisfied, KILA must submit bills to KIIFB, and KIIFB must release the outstanding payments to the petitioner within three weeks thereafter.

Facts

Mastek Constructions Pvt. Ltd. (petitioner) sought release of pending payments from Kerala Institute of Local Administration (KILA) and Kerala Infrastructure Investment Fund Board (KIIFB) for a completed school building construction. Payments were withheld by KILA and KIIFB due to alleged construction defects, which the petitioner claimed to have rectified.

Key Issues

Whether the petitioner is entitled to the release of pending payments for construction work, and whether the respondents are justified in withholding payments due to alleged construction defects.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 WP(C) NO. 41534 OF 2022 PETITIONER: MASTEK CONSTRUCTIONS PVT. LTD., DOOR NO: 10/175, WEST KADUNGALLOOR, ALUVA, ERNAKULAM, - 683110, REP. BY ITS MANAGING DIRECTOR, SAJID M.A, RESIDING AT RINSAD MANZIL, WEST KADUNGALLOOR, ALUVA, ERNAKULAM, - 683110. BY ADVS.JOBY JACOB PULICKEKUDY ANIL GEORGE DAJISH JOHN POOJA SEBASTIAN RESPONDENTS: 1 THE CHIEF MANAGER, KERALA INSTITUTE OF LOCAL ADMINISTRATION, REGIONAL CENTRE, KUMARAPURAM P.O,THIRUVANATHAPURAM - 695011. 2 THE CHIEF EXECUTIVE OFFICER, KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB), 2ND FLOOR, FELICITY SQUARE, KODER LN, PALAYAM,THIRUVANANTHAPURAM-695001. 3 THE SUPERINTENDING ENGINEER, CORPORATION OF COCHIN, ERNAKULAM - 682011. R1 BY SRI.V.A MUHAMMED SC, KERALA INSTITUTE OF LOCAL ADMINISTRAT

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