T.A.Xavier & Sons v. Guruvayur Devaswom
Original PDF →WP(C) NO. 18499 OF 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNE AY, THE 15TH DAY OF JUNE 2022 / 25TH JYAISHTA, 1944 WP(C) NO. 18499 OF 2022 PETITIONER: T.A.XAVIER & SONS ENGINEERS & CONTRACTORS, PALLURUTHY, KOCHI - 682 006, REPRESENTED BY ITS EXECUTIVE PARTNER, T.X. AUGUSTINE. BY ADVS. SANTHOSH MATHEW ARUN THOMAS KARTHIKA MARIA ANIL SEBASTIAN PULICKEL ABI BENNY AREECKAL LEAH RACHEL NINAN MATHEW NEVIN THOMAS KURIAN ANTONY MATHEW RESPONDENTS: 1 GURUVAYUR DEVASWOM GURUVAYUR DEVASWOM OFFICE, GURUVAYUR - 680 101, REPRESENTED BY ITS ADMINISTRATOR. 2 THE ADMINISTRATOR, GURUVAYUR DEVASWOM, GURUVAYUR DEVASWOM OFFICE, GURUVAYUR - 680 101 2. 3 GURUVAYUR DEVASWOM MANAGING COMMITTEE, GURUVAYUR DEVASWOM, GURUVAYUR - 680 101, REPRESENTED BY ITS ADMINISTRATOR & SECRETARY. 4 THE CHIEF ENGINEER, GURUVAYUR DEVASWOM MANAGING COMMITTEE, GURUVAYUR DEVASWOM, GURUVAYUR - 680 101. BY ADV SHRI.T.K.VIPINDAS, SC, GURUVAYUR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.18499 OF 2022 2 JUDGMENT Dated this the 15th day of June, 2022 The petitioner was awarded with the work of construction of a Shopping Complex at East Nada- Guruvayoor for an estimated amount of Rs.18,49,58,776/- plus GST. Thereafter, by Ext.P11, the petitioner was called upon to take steps for completing the work by including extra items. Accordingly, the petitioner carried out the works and submitted the bill under Ext.P12 letter. To the petitioner's dismay, the Chief Engineer unilaterally reduced the rates mentioned in Ext.P11. Further by Ext.P20, the petitioner was informed that unless a supplementary agreement is executed, the respondents will not make the payment. The petitioner insisted that in the supplementary agreement, condition regarding its right to claim enhancement should be included. This led to a stalemate and disbursement of the bill amount is in limbo. Hence, this writ petition.
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When the matter came up in an earlier occasion, this Court directed the respondents to get specific instructions with respect to the petitioner's claim for the admitted amount. The respondents have filed a counter affidavit, stating that in Ext.P10 item Nos.1, 2, 3 and 5 are additional items and item No.4 is a substituted item. It is stated that, as per the terms of the agreement, the amount due to the petitioner is Rs.5,43,65,747/- including GST and the amount can be released to the petitioner after executing the supplementary agreement in the prescribed format.
Learned Counsel for the petitioner submitted that, for the present, the petitioner will be satisfied with a direction to disburse the admitted amount immediately, leaving open its right to raise the claim for additional amount before the appropriate authority/forum.
Learned Standing Counsel submitted that the only condition imposed by the Devaswom is that the right to raise additional claim cannot be included in the supplementary agreement.
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The Devaswom
having
admitted Rs.5,43,65,747/- including GST and the petitioner having expressed willingness to execute the supplementary agreement, subject to its right to raise that claim before the appropriate authority/forum, the writ petition is disposed as under; The respondents shall disburse the admitted amount of Rs.5,43,65,747/- including GST to the petitioner within two weeks, if the petitioner executes the supplementary agreement within such time. The petitioner will be at liberty to raise its claim for the additional works done before the appropriate authority/forum. All other contentions of the parties are left open. V.G.ARUN JUDGE NB/15-6
WP(C) NO.18499 OF 2022 5 APPENDIX OF WP(C) 18499/2022 PETITIONER’S EXHIBITS EXHIBIT P1OF THE PREQUALIFICATION E-TENDER NOTICE ISSUED BY THE 1ST RESPONDENT ON 23-06-2021 FOR THE CONSTRUCTION OF SHOPPING COMPLEX AT EAST NADA - GURUVAYUR. EXHIBIT P2OF THE WORK ORDER DATED 8.9.2021 ISSUED BY THE THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P3OF THE SCHEDULE OF WORK ITEMS AGREED BETWEEN THE PETITIONER AND RESPONDENTS. EXHIBIT P4OF THE ARTICLES OF AGREEMENT DATED 10- 09-2021 EXECUTED BETWEEN THE PETITIONER AND THE ADMINISTRATOR, REPRESENTING THE GURUVAYUR DEVASWOM MANAGING COMMITTEE. EXHIBIT P5OF THE AGREEMENT DATED 10.9.2021 IN THE PRINTED FORMAT CONTAINING CONDITIONS OF CONTRACTS AND SPECIAL CONDITIONS OF CONTRACT. EXHIBIT P6OF THE RELEVANT PORTION OF THE INDIAN STANDARD CODE OF PRACTICE FOR DESIGN AND CONSTRUCTION OF PILE FOUNDATIONS. EXHIBIT P6(A)OF THE RELEVANT PORTION OF DSR 2016 (VOL-2). EXHIBIT P6(B)OF RELEVANT PAGES OF THE CPWD SPECIFICATION 2019 (VOL-2) SUB HEAD 20 PILE WORK. EXHIBIT P7OF THE LETTER DATED 24-09-2021 SENT BY THE PETITIONER TO THE ADMINISTRATOR OF GURUVAYUR DEVASWOM. EXHIBIT P8OF THE LETTER SENT BY THE CHIEF ENGINEER, GURUVAYUR DEVASWOM MANAGING COMMITTEE TO THE PRINCIPAL, GOVT. ENGINEERING COLLEGE, THRISSUR DATED 27-09-2021. EXHIBIT P9OF THE LETTER DATED 15-10-2021 SENT BY P.P SIVAN, ASSISTANT PROFESSOR IN CIVIL ENGINEERING, GOVT. ENGINEERING COLLEGE, THRISSUR, TO THE CHIEF ENGINEER, GURUVAYUR DEVASWOM, GURUVAYUR. EXHIBIT P10OF THE MINUTES OF THE MEETING HELD ON 20-012022 BY THE GURUVAYUR DEVASWOM MANAGING COMMITTEE. EXHIBIT P11OF THE LETTER DATED 16-02-2022 SENT BY THE CHIEF ENGINEER OF GURUVAYUR DEVASWOM MANAGING COMMITTEE TO THE PETITIONER. EXHIBIT P12OF THE LETTER DATED 16-03-2022 ALONG WITH THE BILL SENT BY THE PETITIONER TO THE
WP(C) NO.18499 OF 2022 6 ADMINISTRATOR, GURUVAYUR DEVASWOM. EXHIBIT P13OF THE COMMUNICATION DATED 22-03-2022 SENT BY THE CHIEF ENGINEER TO THE PETITIONER. EXHIBIT P14OF THE COMMUNICATION DATED 25-03-2022 SENT BY THE PETITIONER TO THE CHIEF ENGINEER. EXHIBIT P15OF THE LETTER DT. 11-04-2022 SENT BY THE PETITIONER TO THE ADMINISTRATOR OF GURUVAYUR DEVASWOM. EXHIBIT P16OF THE LETTER DATED 18-04-2022 ALONG WITH SUPPLEMENTARY AGREEMENT FORWARDED BY THE PETITIONER TO THE ADMINISTRATOR OF GURUVAYUR DEVASWOM. EXHIBIT P17OF THE COMMUNICATION DATED 30-03-2022 RECEIVED BY THE PETITIONER FROM THE RESPONDENTS BY EMAIL ON 23-042022. EXHIBIT P18OF THE COMMUNICATION DATED 03-05-2022 SENT BY THE CHIEF ENGINEER OF GURUVAYUR DEVASWOM MANAGING COMMITTEE TO THE PETITIONER. EXHIBIT P19OF THE COVERING LETTER DATED 03-05-2022 WITH THE SUPPLEMENTARY AGREEMENT FORWARDED BY THE PETITIONER TO THE RESPONDENTS. EXHIBIT P20OF THE COMMUNICATION DATED 19-05-2022 SENT BY THE ADMINISTRATOR, GURUVAYUR DEVASWOM MANAGING COMMITTEE TO THE PETITIONER. EXHIBIT P21OF THE RELEVANT EXTRACT FROM THE STANDARD BID DOCUMENT (SBD). EXHIBIT P22OF THE BANK ACCOUNT STATEMENT AS OF 30.04.2022 OF THE PETITIONER. RESPONDENTS’ EXHIBITS EXHIBIT R1(A)OF THE STATEMENT OF DERIVATION OF RATES PREPARED BY THE TECHNICAL EXPERT COMMITTEE OF THE GURUVAYUR DEVASWOM EXHIBIT R1(B)OF THE RELEVANT PAGE OF STANDARD BID DOCUMENT EXHIBIT R1(C)OF THE DETAILED RELEVANT PAGE OF THE DSR DATA EXHIBIT R1(D)OF THE DATA SHEET OF ORIGINAL TENDER SHOWING THE RENT OF MACHINERY FOR THE DRIVEN CAST IN SITU PILE EXHIBIT R1(E)OF THE BILL COPY PREPARED BY THE DEVASWOM ENGINEERP.A. TO JUDGE
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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.