Precision Infratech (PVT) LTD. vs. State Of Kerala
Held
The High Court, without adjudicating on the merits of the contract dispute, directed the 2nd respondent (Chief Engineer) to consider the petitioner's request for contract foreclosure and payment of amounts due within four months. The petitioner is to be granted an opportunity of hearing during this process.
Facts
The petitioner, a construction company, sought directions to the respondents to consider its requests for foreclosure of a contract for constructing a regulator, release of admitted amounts, bank guarantees, and retention amounts. The contract, initially signed in 2016, faced multiple extensions but remained incomplete, with the petitioner attributing delays to the respondents.
Key Issues
The key legal issue was whether the High Court should direct the respondent authorities to consider the petitioner's pending requests for foreclosure of a construction contract, release of bank guarantees/security deposits, and payment of dues.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 15TH DAY OF NOVEMBER 2021 / 24TH KARTHIKA, 1943 WP(C) NO. 22035 OF 2021 PETITIONER: PRECISION INFRATECH (PVT) LTD., (EARLIER M/S. PRECISION INFRATECH LIMITED), 7/C-D SURYARATH, PANCHWATI, ELISBRIDGE, AHMEDABAD, GUJARAT-380006, REPRESENTED BY DIRECTOR, MR. NALIN PRANALAL VIBHAKAR, AGED 70, S/O. PRANALAL VIBHAKAR, 7/C-D SURYARATH, PANCHWATI, ELISBRIDGE, AHMEDABAD, GUJARAT-380006. BY ADVS. PRAVEEN K. JOY T.A.JOY E.S.SANEEJ M.P.UNNIKRISHNAN M.K.SAMYUKTHA N.ABHILASH BEENA JOSEPH DEEPU RAJAGOPAL SANDRA S.KUMAR SWAPNA C.P ANILKUMAR P. ESHRATH M.R. SREELEKHA P RESPONDENTS: 1 STATE OF KERALA, REP. BY THE ADDITIONAL CHIEF SECRETARY, WATER RESOURCES, 1ST FLOOR, NORTH BLOCK, SECRETARIAT, TRIVANDRUM-695001. 2 THE CHIEF ENGINEER (MECHANICAL) IRRIGATION, PUBLIC OFFICE BUILDING, MUSEUM ROAD, TRIVANDRUM-695003. 3 THE CHIEF ENGINEER, (I&A), IRRIGATION PUBLIC OFFICE BUILDING, MUSEUM ROAD, TRIVANDRUM-695003. WP(C).No.22035/2021 2 4 THE SUPERINTENDING ENGINEER (MECHANICAL), MECHANICAL CIRCLE, IRRIGATION, 3RD FLOOR, CIVIL STATION, KAKKANAD-682030. 5 THE EXECUTIVE ENGINEER, MECHANICAL DIVIS
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