K.A.Johnson vs. The Kerala State Nirmithi Kendra
Held
The High Court recorded an agreement reached between the parties during the petition's pendency. The 1st respondent agreed to pay the petitioner's due bill amounts in accordance with GO(P) No.311/14/Fin dated 30.07.2014 and continue the contract. The Court directed the 1st respondent to make the payment within three weeks and for the parties to proceed with the contract as per the agreement.
Facts
A building contractor sought release of retention money and GST amount withheld by the Kerala State Nirmithi Kendra (1st respondent) for an auditorium construction project for Sree Sankara University (4th respondent). The petitioner alleged that delays in completing the remaining work were due to the respondents' actions, not his own, despite having completed 70-90% of the work.
Key Issues
Whether the respondents were justified in withholding retention money and GST amount from the petitioner despite substantial completion of work, and whether the petitioner was entitled to the release of funds and foreclosure of the contract due to alleged lack of cooperation from the respondents.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942 WP(C).No.15251 OF 2020(F) PETITIONER: K.A.JOHNSON, AGED 55 YEARS, S/O. KUNJAVARA, KOLENCHERRY HOUSE, NEELEESWARAM P.O., KALADY(VIA), ERNAKULAM DISTRICT-683 584 BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENTS: 1 THE KERALA STATE NIRMITHI KENDRA, PTP NAGAR, THIRUVANANTHAPURAM-695 038, REPRESENTED BY ITS DIRECTOR 2 THE REGIONAL ENGINEER, KERALA STATE NIRMITHI KENDRA, REGIONAL CENTRE, CHENAKALA ROAD, HMT COLONY P.O., KALAMASSERY, ERNAKULAM-683 503 3 THE UNIVERSITY ENGINEER, SREE SANKARA UNIVERSITY OF SANSKRIT, KALADY, ANGAMALY, ERNAKULAM-683 574 ADDL. 4 THE SREE SANKARA UNIVERSITY OF SANSKRIT (SSUS), KALADY, ANGAMALY, ERNAKULAM - 683514. REPRESENTED BY ITS VICE CHANCELLOR. ADDL.R4 IS IMPLEADED AS PER ORDER DATED 30.07.2020 IN IA NO.1/2020. R1-2 BY ADV. SRI.G.RANJU MOHAN R3-4 BY SHRI.PRASANTH S., SC, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.15251/2020 : 2 : J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated
The judgment continues below.
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