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Precision Infratech (PVT) LTD. vs. State Of Kerala

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WP(C)/22035/2021HC KeralaGSTCNR KLHC01056714202115 November 2021Bench: HONOURABLE MR.JUSTICE N.NAGARESH8 pages

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 DIVISION, MALAMPUZHA P.O., DISTRICT PALAKKAD, KERALA, PIN-678651. SRI.JOSHY T, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.22035/2021 3 JUDGMENT Dated this the 15th day of November, 2021 The petitioner, a private limited Company has approached this Court seeking to direct the respondents 1 to 5 to consider Ext.P15 request of the petitioner for release of admitted amount and also for foreclosure of contract without risk and cost and also for release of bank guarantee and retention amount, within a time limit. The petitioner also seeks to direct the 4th and 5th respondent to consider and pass orders on Exts.P1, P2, P5 to P7, P9 to P13, P17 to P19 requests with regard to release of bank guarantee, security deposit and retention amounts in connection with the work done by the petitioner at the earliest and also for release of claim amount and also for foreclosure of contract without risk and cost.

WP(C).No.22035/2021 4

2.

The pleadings would disclose that the work of construction of Regulator across Bharathappuzha at Koottakkadavu in Anakkara Panchayat in Palakkad District was awarded to the petitioner-Company. An agreement was executed on 05.10.2016. The work had to be completed within 24 months. The petitioner took over the site on 14.10.2016. The work could not be completed within the stipulated 24 months and the time of completion of work was extended from time to time, without imposing fine. The value of the contract signed for is Rs.10,31,55,953/-, which was 17.5% below the PAC. As per the supplemental agreements, value of the contract was reduced to Rs.10,06,18,004/-, which is below the PAC of Rs.12,19,61,217/-.

3.

The extended period of contract also expired on 31.05.2021. The petitioner would submit that the delay in completion of the work is attributable to the respondents alone. The learned Government Pleader representing the Irrigation Department would refute the said contention.

WP(C).No.22035/2021 5

4.

At any rate, the petitioner as per a letter dated 12.05.2021 informed the respondents that he is not interested to continue the work due to various reasons. The petitioner

accordingly sought for a foreclosure of the agreement as per Ext.P15. The pleadings would disclose that the said application has been forwarded by the 2nd respondent-Chief Engineer (Mechanical) Irrigation, informing that the application requires legal and financial verification and the matter has to be referred to the Government, at the earliest. This is discernible from Ext.P16 communication.

5.

I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

6.

As the petitioner has requested for foreclosure of the contract and since the Superintending Engineer has already forwarded the matter to the Chief Engineer seeking appropriate steps to take legal and financial verification at the end of the Government, this Court is of the view that no

WP(C).No.22035/2021 6 adjudication on merits is required in this writ petition at this stage. It will be sufficient if the respondents are directed to consider the request of the petitioner. Accordingly, the writ petition is disposed of directing the 2nd respondent to consider the request of the petitioner as made in Ext.P15 for foreclosure of the contract and payment of amounts due, within a period of four months. The petitioner shall be granted an opportunity of hearing while taking a decision in the matter. The 2nd respondent will be at liberty to hold the personnel hearing through virtual mode. N. NAGARESH JUDGE SR

WP(C).No.22035/2021 7 APPENDIX OF WP(C) 22035/2021 PETITIONER'S EXHIBITS: Exhibit P1 THEOF THE REQUEST FOR REIMBURSEMENT OF PAYMENT OF GST SUBMITTED BEFORE THE 5TH RESPONDENT DATED 19.2.2020. Exhibit P2 THEOF THE REQUEST DATED 16.3.2020 SUBMITTED BEFORE THE 5TH RESPONDENT. Exhibit P3 THEOF THE LETTER DATED 16.6.2020 ISSUED BY THE 2ND RESPONDENT. Exhibit P4 THEOF THE LETTER DATED 15.9.2020 ISSUED BY THE 4TH RESPONDENT. Exhibit P5 THEOF THE APPLICATION DATED 29.9.2020 BEFORE THE SUPERINTENDING ENGINEER,

MECHANICAL

(IRRIGATION) ERNAKULAM. Exhibit P6 THEOF THE REQUEST DATED 5.10.2020 BEFORE THE SUPERINTENDING ENGINEER,

MECHANICAL

(IRRIGATION) ERNAKULAM. Exhibit P7 THEOF THE REQUEST DATED 23.10.2020 BEFORE THE 5TH RESPONDENT. Exhibit P8 THEOF THE LETTER DATED 2.11.2020 FROM ASSISTANT WORKS MANAGER, TRANSPORT AND MACHINERY SECTION, MALAMPUZHA TO PETITIONER. Exhibit P9 THEOF THE REQUEST DATED 17.11.2020 BEFORE THE 5TH RESPONDENT. Exhibit P10 THEOF THE REQUEST DATED 10.2.2021 BEFORE THE 5TH RESPONDENT. Exhibit P11 THEOF THE REQUEST DATED 16.3.2021 BEFORE THE 4TH RESPONDENT. Exhibit P12 THEOF THE REQUEST DATED 29.3.2021 BEFORE THE 4TH RESPONDENT. Exhibit P13 THEOF THE REQUEST DATED 10.4.2021 BEFORE THE 4TH RESPONDENT. Exhibit P14 THEOF THE REQUEST DATED

WP(C).No.22035/2021 8 11.4.2021 BEFORE THE 4TH RESPONDENT WITH TYPED COPY. Exhibit P15 THEOF THE REPRESENTATION DATED 12.5.2021 BEFORE RESPONDENTS 1 TO 5. Exhibit P16 THEOF THE LETTER DATED 7.7.2021 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT. Exhibit P17 THEOF THE REQUEST DATED 10.7.2021 BEFORE THE 4TH RESPONDENT. Exhibit P18 THEOF THE REQUEST DATED 20.9.2021 TO THE RESPONDENTS NO.1 TO 5. Exhibit P19 THEOF THE REQUEST DATED 25.9.2021 BEFORE THE 5TH RESPONDENT. SR

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.