T.A.Xavier & Sons vs. Guruvayur Devaswom
Held
The High Court directed the Guruvayur Devaswom to disburse the admitted amount of Rs.5,43,65,747/- (including GST) to the petitioner within two weeks, provided the petitioner executes the supplementary agreement within that time. The petitioner was granted liberty to pursue claims for additional works before an appropriate authority or forum.
Facts
The petitioner, a contractor, was awarded a construction work including extra items. The Chief Engineer unilaterally reduced the rates for these extra items and withheld payment, demanding a supplementary agreement. A stalemate ensued as the petitioner sought to include a condition in the supplementary agreement preserving its right to claim enhanced rates.
Key Issues
The key legal issues involved the withholding of admitted payment for construction work due to a dispute over rates for extra items, and the conditions for executing a supplementary agreement while preserving the contractor's right to claim additional amounts.
AI-generated summary — verify with the full judgment below
WP(C) NO. 18499 OF 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, 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 a
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