Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944 WP(C) NO. 10047 OF 2022 PETITIONER/S:
SUVIDHA ENTERPRISES DOOR NO 3/729, KODATH HOUSE, KURUPPUMPADY P.O.PERUMBAVOOR-683 545, REPRESENTED BY ITS MANAGING PARTNER, ANOOP K MADHAV, AGED 39 YEARS, S/O K.P MADHAVAN, KADATH HOUSE, KURUPPUMPADY P.O.PERUMBAVOOR-683 545.
BY ADVS.
S.SHANAVAS KHAN S.INDU RESPONDENT/S:
1 CENTRAL WAREHOUSING CORPORATION 4/1, SIRI INSTITUTIONAL AREA AUGUST KRANTI MARG, HAUZ KHAZ, NEW DELHI-110 016, REPRESENTED BY ITS CHAIRMAN 2 THE CHIEF ENGINEER, CENTRAL WARE HOUSING CORPORATION, CORPORATE OFFICE, 4/ SIRI INSTITUTIONAL AREA, AUGUST KRANTI MARG, HAUZ KHAS, NEW DELHI- 110 016 3 THE REGIONAL MANAGER, CENTRAL WARE HOUSING CORPORATION, 2253,D MAVELI ROAD, GANDHINAGAR, KADAVANTRA, KOCHI-682 020 4 THE EXECUTIVE ENGINEER, CENTRAL WARE HOUSING CORPORATION, 2253,D MAVELI ROAD, GANDHINAGAR, KADAVANTRA, KOCHI-682 020 5 THE WARE HOUSE MANAGER, CENTRAL WARE HOUSING CORPORATION, G-62H, NEHRU NAGAR, KURIACHIRA, THRISSUR-680 006 6 THE WARE HOUSE MANAGER, CENTRAL WARE HOUSING CORPORATION, KINFRA TECHNO INDUSTRIAL PARK, CALICUT UNIVERSITY P.O.KAKKANCHERRY, IDIMUZHICKAL, MALAPPURAM-673 635.
7 THE WARE HOUSE MANAGER, CENTRAL WARE HOUSING CORPORATION, EDATHALA, ALUVA, ERNAKULAM- 683 563 8 THE EXECUTIVE ENGINEER, CENTRAL WARE HOUSING CORPORATION CORPORATE OFFICE, 4/1 SIRI INSTITUTIONAL AREA AUGUST KARANTI MARGH, HAUZ KHAS, NEW DELHI-110 016 BY ADVS.
ELVIN PETER P.J.
K.R.GANESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10047 OF 2022 2 JUDGMENT Dated this the 16th day of August, 2022 The petitioner was awarded the work of replacement of A/C seeks roofing with pre-coated galvalume sheets in the godowns of the Central Warehousing Corporation at Edathala, Kakkancherry and Thrissur. As per the agreement executed by the petitioner, the work was to be completed on or before 13/4/2020. According to the petitioner for reasons beyond his control, the work to be commenced only by March 2020. The petitioner pointed out the difficulties being faced by it and the employer was gracious enough to extend the initial contract period. The petitioner completed the works within 102 d ays of the extended period. Thereafter, the petitioner submitted its final bill. The petitioner is aggrieved by the imposition of penalty for the delay in completing the works and charging of GST at the rate of 18% instead of 12%.
2.In the counter affidavit filed by the 3rd respondent, it is stated that the petitioner has an effective remedy of approaching the Dispute Redressal Committee.
3.Learned counsel for the petitioner submits that, for the time being, the petitioner will be satisfied with the Dispute
WP(C) NO. 10047 OF 2022 3 Redressal Committee considering the grievances highlighted in this writ petition.
The writ petition is accordingly disposed of , leaving it open for the petitioner to approach the Dispute Redressal Committee and directing the committee to consider all contentions put forth by the petitioner.
Sd/- V.G ARUN JUDGE
SJ
WP(C) NO. 10047 OF 2022 4 APPENDIX OF WP(C) 10047/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PRESS NOTICE DATED 27.6.2019 INVITING E-TENDER ISSUED BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 30.9.2019 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE WORK SCHEDULE Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 21.7.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE LETTER DATED 27.7.2020 ISSUED BY THE 5TH RESPONDENT TO DEPOT MANAGER THRISSUR Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED 16.3.2021 OF THE SUPERINTENDING ENGINEER Exhibit P6 TRUE COPY OF THE RECOMMENDATION OF THE 4TH RESPONDENT DATED 20.12.2021 RESPONDENT ANNEXURES ANNEXURE R4(a) The true of the relavant pages of the agreement together with relavant pages of the general condition of contract along with typed copy