C.X Varghese vs the General Manager

C.X Varghese vs The General Manager

Type Court Judgment Court Kerala Decided Dec 22, 2023

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https://sooperkanoon.com/case/1402900

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Citation: sooperkanoon.com/1402900
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Dec 22, 2023
Case Number: WP(C)/36419/2023

Parties & Advocates

Appellant / Petitioner

C.X Varghese

Respondent

The General Manager

Excerpt

.....to the petitioner, including, as regards part bills, final bills, as also with respect to the balance work, will be computed and paid within a period of four months.3. smt.kala g.nambiar - learned counsel for the petitioner, acceded to the afore; but requested that the time frame be fixed as being two months, because her client is now going through extreme financial crisis.4. adverting to the afore rival positions, i am of the view, toobtain a balance between the interests of the parties, that this court :3: will be justified in fixing the time frame as being three months. in the afore circumstances, i allow this writ petition and direct the respondents to immediately advert to the claims of the petitioner and accede to the eligible amounts thereunder, including deposits, bill payments, price variation, tax reimbursement, etc.; thus leading to the disbursement of the same within a period of three months from the date of receipt of a copy of this judgment. sd/- devan ramachandran judge anm :4: appendix of wp(c) 36419/2023 petitioner exhibits exhibit p1 true copy of the letter of acceptance no. palakkad division-engineering-pgt-works- 2021-n12-2/00861560051207 dated exhibit p2 true copy of the letter dated 12/09/2023 submitted by petitioner before the 4th respondent. exhibit p3 true copy of the document dated details of the amount due to the petitioner. respondents' exhibits : nil.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 WP(C) NO. 36419 OF 2023 PETITIONER: C.X VARGHESE AGED 65 YEARS, S/O XAVIER CHAKKANATT HOUSE VYTTILA P.O. KOCHI, PIN - 682019 BY ADVS. S.SHANAVAS KHAN KALA G.NAMBIAR S.INDU RESPONDENTS:
1 THE GENERAL MANAGER SOUTHERN RAILWAY HEAD QUARTERS OFFICE PARK TOWN CHENNAI, PIN - 600003 2 THE CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION) SOUTHERN RAILWAY HEAD QUARTERS OFFICE PARK TOWN, EGMORE 3 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION) SOUTHERN RAILWAY, EGMORE 4 THE DIVISIONAL RAILWAY MANAGER (WORKS) SOUTHERN RAILWAY DIVISIONAL OFFICE, PALAKKAD, PIN - 678002 5 THE SENIOR DIVISIONAL ENGINEER (CO-ORDINATION) RAILWAY DIVISIONAL OFFICE ENGINEERING BRANCH PALAKKAD, PIN - 678002 BY ADV. SRI.K.S.PRENJITH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2:

JUDGMENT

The petitioner has approached this Court seeking a direction to the respondents to disburse the fifth part bill amounting to Rs.1,22,81,078/- and record the balance work done amounting to Rs.60 lakhs with respect to the work done by them pursuant to the agreement dated 27.06.2022, entered into with the respondents. He also prays that the respondents be directed to release Rs.22 lakhs towards Tax reimbursement; and Rs.50 lakhs, being the Price Variation amount, as also to release his statutory deposits - including security deposit, bank guarantee, performance guarantee and earnest money deposit, within a time frame to be fixed.

2. Sri.K.S.Prenjith Kumar - learned Central Government

Counsel, submitted that all eligible amounts to the petitioner, including, as regards Part Bills, Final Bills, as also with respect to the balance work, will be computed and paid within a period of four months.

3. Smt.Kala G.Nambiar - learned counsel for the petitioner, acceded to the afore; but requested that the time frame be fixed as being two months, because her client is now going through extreme financial crisis.

4. Adverting to the afore rival positions, I am of the view, to

obtain a balance between the interests of the parties, that this Court :3: will be justified in fixing the time frame as being three months. In the afore circumstances, I allow this writ petition and direct the respondents to immediately advert to the claims of the petitioner and accede to the eligible amounts thereunder, including deposits, bill payments, price variation, tax reimbursement, etc.; thus leading to the disbursement of the same within a period of three months from the date of receipt of a copy of this judgment. Sd/- DEVAN RAMACHANDRAN JUDGE anm :4: APPENDIX OF WP(C) 36419/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE NO. PALAKKAD DIVISION-ENGINEERING-PGT-WORKS- 2021-N12-2/00861560051207 DATED Exhibit P2 TRUE COPY OF THE LETTER DATED 12/09/2023 SUBMITTED BY PETITIONER BEFORE THE 4TH RESPONDENT. Exhibit P3 TRUE COPY OF THE DOCUMENT DATED DETAILS OF THE AMOUNT DUE TO THE PETITIONER. RESPONDENTS' EXHIBITS : NIL.

Same Court & Year Kerala · 2023 Same Parties C.X Varghese vs The General Manager Same Judge Honourable Mr. Justice Devan Ramachandran