Sunny George vs the Chief Engineer

Sunny George vs The Chief Engineer

Type Court Judgment Court Kerala Decided Oct 30, 2020

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https://sooperkanoon.com/case/1807736

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Citation: sooperkanoon.com/1807736
Court: Kerala High Court
Judge: Honourable Smt. Justice P.V.Asha
Decided On: Oct 30, 2020
Case Number: WP(C)/20631/2020

Parties & Advocates

Appellant / Petitioner

Sunny George

Respondent

The Chief Engineer

Excerpt

.....for admission on 30.10.2020, the court on the same day delivered the following: wp(c).no.20631 of 2020(d) 2judgmentdated this the 30th day of october 2020 this writ petition is filed alleging that the calculation made by the respondents for payment towards additional performance guarantee is not correct and the petitioner asserted that he need to pay only a sum of rs.3,69,500/-(rupees three lakh sixty nine thousand and five hundred only).2. the learned government pleader has filed a statementpointing out that the contract is an item based contract, for which payment has to be made in respect to each item as provided in annexure r3(a) government order issued on 7.12.2019 and as calculated in annexure r3(b). it is stated that the demand has been made in accordance with annexure r3(a) as well as annexure r3(b).since the learned counsel for the petitioner seeks three weeks time for remitting the additional performance guarantee, three weeks time is granted. in case the petitioner does not make payment wp(c).no.20631 of 2020(d) 3 within the said time, respondents are free to proceed in accordance with law. sd/- p.v.asha judge bb/3/11/2020 wp(c).no.20631 of 2020(d) 4appendix petitioner's exhibits: exhibit p1 the true copy of the selection notice issued by the 3rd respondent on 16.9.2020 exhibit p2 a true copy of relevant pages of the standard bid document for e-tendering (for works costing rs.5 lakhs to 5 crores) issued by the public works department, government of kerala respondents' exhibits:annexure r3(a) true copy of the government orderannexure r3(b) the copy of comparison of rates and calculation of performance guarantee [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.20631 OF 2020(D) PETITIONER: SUNNY GEORGE AGED 47 YEARS S/O. LATE T.C GEORGE, THANNIKKAL HOUSE, VADAVATHOOR P.O., KOTTAYAM-686 010 BY ADVS. SRI.ADITHYA RAJEEV SRI.SREEDEV U RESPONDENTS:
1 THE CHIEF ENGINEER BUILDINGS DIVISION, KERALA PUBLIC WORKS DEPARTMENT, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695 033 2 THE SUPERINTENDING ENGINEER, BUILDINGS DIVISION, KERALA PUBLIC WORKS DEPARTMENT (SOUTH CIRCLE) GOVERNMENT PRESS POST OFFICE, THIRUVANANTHAPURAM-685 001 3 THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, KOTTAYAM-686 001 R1-R3 BY SENIOR GOVERNMENT PLEADER SRI.SURIN GEORGE IPE
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.20631 OF 2020(D) 2

JUDGMENT

Dated this the 30th day of October 2020 This writ petition is filed alleging that the calculation made by the respondents for payment towards Additional Performance Guarantee is not correct and the petitioner asserted that he need to pay only a sum of Rs.3,69,500/-(Rupees Three lakh sixty nine thousand and five hundred only).

2. The learned Government Pleader has filed a statement

pointing out that the contract is an item based contract, for which payment has to be made in respect to each item as provided in Annexure R3(a) Government Order issued on 7.12.2019 and as calculated in Annexure R3(b). It is stated that the demand has been made in accordance with Annexure R3(a) as well as Annexure R3(b).

Since the learned Counsel for the petitioner seeks three weeks time for remitting the Additional Performance Guarantee, three weeks time is granted. In case the petitioner does not make payment WP(C).No.20631 OF 2020(D) 3 within the said time, respondents are free to proceed in accordance with law. Sd/- P.V.ASHA JUDGE Bb/3/11/2020 WP(C).No.20631 OF 2020(D) 4

APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE SELECTION NOTICE ISSUED BY THE 3RD RESPONDENT ON 16.9.2020 EXHIBIT P2 A TRUE COPY OF RELEVANT PAGES OF THE STANDARD BID DOCUMENT FOR E-TENDERING (FOR WORKS COSTING RS.5 LAKHS TO 5 CRORES) ISSUED BY THE PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA RESPONDENTS' EXHIBITS:

ANNEXURE R3(a) TRUE COPY OF THE GOVERNMENT ORDER

ANNEXURE R3(b) THE COPY OF COMPARISON OF RATES AND CALCULATION OF PERFORMANCE GUARANTEE [True copy] P.A to Judge Bb

Same Court & Year Kerala · 2020 Same Parties Sunny George vs The Chief Engineer Same Judge Honourable Smt. Justice P.V.Asha