Essen Tech Engineers and Contractors vs the General Manager

Essen Tech Engineers and Contractors vs The General Manager

Type Court Judgment Court Kerala Decided Oct 30, 2020

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https://sooperkanoon.com/case/1800557

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Citation: sooperkanoon.com/1800557
Court: Kerala High Court
Judge: Honourable Smt. Justice P.V.Asha
Decided On: Oct 30, 2020
Case Number: WP(C)/18440/2020

Parties & Advocates

Appellant / Petitioner

Essen Tech Engineers and Contractors

Respondent

The General Manager

Excerpt

.....wp(c).no.18440 of 2020(d) 2judgmentdated this the 30th day of october 2020the petitioner was awarded the work of 'track work (a) ballasting of road no.3 platform line at cannanore yard (up main) (b) sse/p.way/maq section-proposed lifting and packing of points and crossings at majn yard, elimination of fish plated joints by welding. making up cess. trr(s) with 5kg cl.ii rails for a length of 0.800 km on road no.7 and shunting neck at majn yard and distressing for a length of 6.700 km at majn yard and 1.200 km between km between km.0.000-0.900, 2.600-4.900 on dn line, 0.000-1.200 km on up line in ntvt-majn section and km 800.600-881.700 on up line in ull- ntvt section' by the third respondent. it is stated that even after more than one year of completion of work, the bills are not paid.2. the learned standing counsel sri.a.dinesh rao, on instructions, submitted that a period of four months is necessary to make payment. eventhough the petitioner has seriously opposed the request ofwp(c).no.18440 of 2020(d) 3 four months time pointing out the completion of work in 2019, i dispose of this writ petition with a direction to the respondents to make the payment towards final bill as well as security deposit due to the petitioner, within a period of four months.sd/- p.v.asha judge bb/3/11/2020 wp(c).no.18440 of 2020(d) 4 appendix petitioner's exhibits: exhibit p1 true copy of the relevant page of agreement no.j/281 dated 26/12/2014 exhibit p2 true copy of letter dated 29/06/2020 issued by the petitioner to 3rd respondent. respondents' exhibits: nil [true copy] p.a to judge bb

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 WP(C).No.18440 OF 2020(D) PETITIONER: ESSEN TECH ENGINEERS AND CONTRACTORS, ROYAL PLAZA BUILDING,3RD FLOOR, ALUVA-683101, REPRESENTED BY ITS MANAGING PARTNER V.SANTOSH BABU,AGED 58 YEARS,S/O.VELAYUDHAN, KODATH HOUSE, ALAMATTOM ROAD,U.C.COLLEGE,ALUVA, ERNAKULAM. BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENTS: 1 THE GENERAL MANAGER SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN,CHENNAI-600003. 2 THE SENIOR DIVISIONAL ENGINEER, SOUTHERN RAILWAY,PALAKKAD DIVISION,PALAKKAD-678101. 3 THE DIVISIONAL RAILWAY MANAGER(WORKS), SOUTHERN RAILWAY,PALAKKAD DIVISION,PALAKKAD-678002. R1-R3 BY SRI.A.DINESH RAO, SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.18440 OF 2020(D) 2

JUDGMENT

Dated this the 30th day of October 2020

The petitioner was awarded the work of 'track work (a) ballasting of road no.3 Platform line at Cannanore yard (UP main) (b) SSE/P.WAY/MAQ Section-Proposed lifting and packing of points and crossings at MAJN Yard, elimination of fish plated joints by welding. Making up cess. TRR(S) with 5kg Cl.II rails for a length of 0.800 km on road No.7 and shunting neck at MAJN yard and distressing for a length of 6.700 km at MAJN Yard and 1.200 Km between Km between km.0.000-0.900, 2.600-4.900 on Dn line, 0.000-1.200 km on UP line in NTVT-MAJN section and km 800.600-881.700 on Up line in ULL- NTVT Section' by the third respondent. It is stated that even after more than one year of completion of work, the bills are not paid.

2. The learned Standing Counsel Sri.A.Dinesh Rao, on instructions, submitted that a period of four months is necessary to make payment. Eventhough the petitioner has seriously opposed the request of

WP(C).No.18440 OF 2020(D) 3 four months time pointing out the completion of work in 2019, I dispose of this writ petition with a direction to the respondents to make the payment towards final bill as well as security deposit due to the petitioner, within a period of four months.

Sd/- P.V.ASHA JUDGE Bb/3/11/2020 WP(C).No.18440 OF 2020(D) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF AGREEMENT NO.J/281 DATED 26/12/2014 EXHIBIT P2 TRUE COPY OF LETTER DATED 29/06/2020 ISSUED BY THE PETITIONER TO 3RD RESPONDENT. RESPONDENTS' EXHIBITS: NIL [True copy] P.A to Judge Bb

Same Court & Year Kerala · 2020 Same Parties Essen Tech Engineers and Contractors vs The General Manager Same Judge Honourable Smt. Justice P.V.Asha