Cidar Facades PVT LTD v. The Principal Secretary - Kerala High Court, 06 June 2022

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 6TH DAY OF JUNE 2022 / 16TH JYAISHTA, 1944 WP(C) NO. 15942 OF 2022 PETITIONER/S: CIDAR FACADES PVT LTD XI/333D, KOIMMAKKATTU BUILDING, MANJUMMEL P.O., ELOOR,PIN-683 501, PRESENTLY HAVING OFFICE AT GROUND FLOR, TS & S BUILDING, HIGH SCHOOL ROAD, EDAPPALLY- 682 024, REPRESENTED BY ITS MANAGING DIRECTOR, AJAY KUMAR C.M., AGED 46 YEARS, S/O. MANIKANTAN NAIR, RESIDING AT MPR 652, 'BHVANA', MYTHRIPURAM ROAD, NGO QUARTERS, THRIKKAKARA, VAZHAKKALA VILLAGE, KANAYANNUR TALUK, ERNAKULAM-682 021 BY ADVS. SAJI VARGHESE KAKKATTUMATTATHIL AMALENDU A. RESPONDENT/S: 1 THE PRINCIPAL SECRETARY, SCHEDULED CASTE AND SCHEDULED TRIBE (SC/ST) DEPARTMENT, SECRETARIAT , THIRUVANANTHAPURAM-695 001 2 THE SUPERINTENDING ENGINEER, PWD OFFICE, KOZHIKODE-673 004 3 EXECUTIVE ENGINEER (BUILDINGS), PWD , CIVIL STATION, PALAKKAD-678 001 4 THE ASSISTANT EXECUTIVE ENGINEER, BUILDINGS DIVISION, 1ST FLOOR, OPD BLOCK, PALAKKAD MEDICAL COLLEGE, PALAKKAD-678 103 5 MICRO SMALL MEDIUM ENTERPRISES (MSME) FACILITATION COUNCIL, VIKAS BHAVAN.P.O., THIRUVANANTHAPRUAM-695 033, REPRESENTED BY ITS CHAIRMAN 6 M/S. MARYMATHA INFRASTRUCTURE PVT LTD., MARYMATHA SQUARE, ARAKUZHA ROAD, MUVATTUPUZHA P.O., ERNAKULAM DISTRICT,PIN-686 661, REPRESENTED BY ITS DIRECTOR, SIBU CHERIAN BY ADVS. P.SHANES METHAR S.RAMESH BABU (SR.) OTHER PRESENT: GP P.S.APPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.15942 of 2022 -2- JUDGMENT Dated this the 06th day of June, 2022 It is submitted that the dispute between the petitioner and the 6th respondent has been settled amicably. A copy of the memorandum of settlement arrived at in mediation is placed on record. In the light of the settlement, the writ petition is closed, making the terms of settlement part of this judgment. The interim order, interdicting the Government from effecting payment, based on the bills submitted by the 6th respondent, is vacated. V.G.ARUN JUDGE Scl/

W.P.(C) No.15942 of 2022 -3- APPENDIX OF WP(C) 15942/2022 PETITIONER EXHIBITS Exhibit P1OF THE AGREEMENT DATED 24.05.2019 SIGNED BY THE PETITIONER AND 6TH RESPONDENT Exhibit P2OF THE WORK ORDER DATED 19.08.2020 ISSUED BY THE 6TH RESPONDENT Exhibit P3OF THE TERMINATION NOTICE DATED 09.04.2022 ISSUED BY THE 6TH RESPONDENT Exhibit P4OF THE PLAINT SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COURT (VACATION COURT) ERNAKULAM, (UNNUMBERED) Exhibit P5OF THE INTERIM ORDER DATED 09.05.2022 IN IA NO.3/2022 OF THE DISTRICT COURT, ERNAKULAM (VACATION COURT) Exhibit P6OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT THROUGH ONLINE Exhibit P7OF THE REPRESENTATION DATED 10.05.2022 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 2 TO 4 RESPONDENT EXHIBITS Exhibit R6(a) TRUE COPIES OF MINUTES OF MEETINGS DATED 29/12/2020, 10/04/2021, 27/07/2021, 16/09/2021, 03/11/2021, 10/01/2022 AND 18/01/2022. Exhibit R6(b)OF LETTER (UNDERTAKING) NO.GC/369/JN76 DATED 16/11/2021. Exhibit R6(c)OF DETAILED STATEMENT OF AMOUNT PAYABLE IN RESPECT OF WORK ORDER NO.MMC/CO/PK/353 DATED 07/07/2018. Exhibit R6(d)OF DETAILED STATEMENT OF AMOUNT PAYABLE IN RESPECT OF WORK ORDER NO.MIPL/CO/PK/548A DATED 19/08/2020. W.P.(C) No.15942 of 2022 -4- Exhibit R6(e) TRUE COPIES OF INVOICES RELATED TO MATERIALS SUPPLIED BY 6TH RESPONDENT TO PETITIONER. Exhibit R6(f) TRUE COPIES OF EMAIL DATED 09/12/2021, 30/10/2021,04/03/2022 AND 28/02/2022. Exhibit R6(g) LIST OF SUB-CONTRACTORS WORKING UNDER 6TH RESPONDENT.

-EEI Memorandum of settlement arrived in the mediation held bv N.Sukumaran Reffired District Judge f Senior Advocate. High Court. kerala i on 04.06.2022 at 8A Kumaranashan Nagar in the matter of the dispute:- Between Marymatha Infrastructure Private Limited (MIPL ) and CH)AR Facades Private Limited (CDAR ) Present for NIPL: -

Mr. Wilson Kunju -Executive Director, MIPL

Mrs. Sasikala K.G. -Senior Billing Engineer

Ms. Minsu M. Varkey-Project coordinator Present for CH)AR: - i. Mr. Ajay Kumar C.M. -Managing Director

Mr. Anil KUH]ar R. -Director As a result of the discussions and upon expressing the willingness for a compromise by both CIDAR and MIPL, it is agreed as follows:- i. The temination of the subcontract as per letter issued by rmL Ref. No. SffK/22/398 dated 09.04.2022 stands recalled.

The subcontract work will resume from the stage at which it stood on the date of temination. CIDAR will resume from 07.06.2022 with a skeletal work force of five.

Tbe strength will be increased from 13.06.2022 as per the schedule which will be submitted by CIDAR to complete the entire works on 13.08.2022 provided

MH'L agrees to release a sun of Rs. 38 la]chs towards the amounts due to CIDAR in respect of the works in GOA & HLL on or befoI-e 06.06.2022. Upon receipt of the said amount CIDAR should immediately withdraw the case pending in the Emakulam High Court, which is posted on 6.6.2022. 5. MIPL agrees to release a sum of Rs.1.12 crores towards pending RA Bills in respect of palakkad Medical Conegc Project as per the time schedule given below:- a) 60 lalchs on or before 13.06.2022 b) Balance amount 52 lakhs on or before 20.06.2022. 6. Further RA Bills presented for the work to be perfomed will bc processed and paid within a week of presentation at site, after proportionately deducting the cost of total materials purchased by MITL for CIDAR at their request and issued to them. The total value of such materials procured by MIPL amounting to Rs. 4,27,04,048/-less 18% GST on the sane will be deducted progressively from each RA bills as per the consumption of the materials. The surplus materials (if any) and scrap left at the site \irill be the property of CIDAR and the original purchase value will be deducted from the bills submitted by CIDAR to MIPL for the scttlcment of the works. There will not be any further !!,;:]1 -- ate •--,---.:.:i:±`L `-`,- wcll,fry- n Eiil /

BEFORE THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM W.P.(C)No. 15942 M/s Cidar Facades Pvt. Ltd (SC/ST) Department and others of 2022 ... Petitioner ... Respondents u u \ MEMOFILEDBYADVS±::i:fiEfi::±ESECOUNSELFORTHE The dispute between the petitioner and the 6th respondent has been settled out of court and I am submitting herewith the memorandum of settlement. Recording the same the writ petition may be closed. Dated this the 6th day of June 2022, ~)i-- Saji Varghese, Counsel for the petitioner

a r) IE: J' procurement of material by MIPL and CIDAR has to procure them directly, found to be necessary for the completion of the work.

Secured advance against delivery of materials at site (Alumininum sections, Glass and ACP) will be paid at 50% of the invoice value excluding GST within 3 days of submission of bill and MTC.

Rate revision for aluminium sections is agreed as follows, considering the MOM held on 03.11.2021 a) Workorder no : MMC/COA'RT353 dated 07.07.2018:- Aluminium rate is revised to 380ckg for the supply of the quantities delivered after 03.11.2021. The labour charge will be Paid extra as per the on.ginal work order. b) Workorder no: MIPL/ComK/548A dated 19.082020 :- Aluminium rate is revised to 380ckg for the supply of the quantities billed in excess of 69 tomes.

CH)AR undertakes to move the conccmed courts and MSME to adjourn all cases filled by them against MIPL till 21 `06.2022. Further undertaken by CDAR that all the said cases will be withdrawn as soon as the payment of Rs.I.5 CTores (Rs. 38 lakhs + Rs. 601akhs + 52 lakhs) as stated above is released.

10.

MIPL agrees to provide necessary scaffolding with proper platforms so as not to hamper th; work schedule submitted by CIDAR.

Mr. Sibu Cheriyan -Managing Director, MIPL

Mr. Wilson Kunju -Executive Director, MIPL

Mr. Ajay Kumar C.M. - Managing Director, CIDAR

Mr. Anil KumarR. -Directc>r, CDAR N. SUKUMARAN -REDIATOR r Tr- Gil C,L ``+.:-``--.-.-.i!l!`-.jt.--.= i`,!v,L+=- ;:i-.>f` c_--- _--`-_ slap 'ren/L