Kerala High Court
Consolidated Construction Consortium ... vs The Indian Institute Of Science ...
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY,THE 5TH DAY OF JANUARY 2016/15TH POUSHA, 1937
WP(C).No. 23340 of 2015 (N)
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PETITIONER :
----------------------
CONSOLIDATED CONSTRUCTION CONSORTIUM LTD.,
NO.5, 2ND LINK STREET, CIT COLONY,
MYLAPORE, CHENNAI - 600 004,
REPRESENTED BY ITS MANAGING DIRECTOR,
SHRI. SIVARAMAKRISHNAN.
BY ADVS.SRI.P.B.KRISHNAN
SRI.P.M.NEELAKANDAN
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SRI.S.NITHIN (ANCHAL)
RESPONDENT(S):
----------------------------
1. THE INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH
(HSER), REP. BY THE REGISTRAR,
CET CAMPUS, REP BY THE REGISTRAR,
THIRUVANANTHAPURAM - 695 016.
2. THE DIRECTOR,
INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH
(IISER), CET CAMPUS, THIRUVANANTHAPURAM - 695 016.
3. THE PROJECT ENGINEER -CUM-ESTATE OFFICER,
INDIAN INSTITUTE OF SCIENCE EDUCATION AND RESEARCH (IISER),
CET CAMPUS, THIRUVANANTHAPURAM - 691 016.
*ADDL.R4 IMPLEADED
*ADDL.R4: M/S. CRESENT CONSTRUCTION COMPANY,
REPRESENTED BY ITS MANAGING PARTNER,
SRI.A.BASHEER KOYS, PILLAR PALACE, POOJAPPURA,
THIRUVANANTHAPURAM-695 012.
*ADDL.R4 IS IMPLEADED AS PER ORDER DATED 28/10/15 IN IA.NO.15698/2015.
R1 TO R3 BY ADV. SRI.MILLU DANDAPANI, SC,
ADDL.R4 BY ADVS. SRI.L.MOHANAN
SMT.LIGEY ANTONY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05-01-2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
WP(C).No. 23340 of 2015 (N)
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APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
P1 - A TRUE COPY OF THE WORK ORDER ISSUED BY THE 1ST RESPONDENT
BEARING O. IISER-T/W(C)/172/10-11/11861 DT. 09.3.2011.
P2 - A TRUE COPY OF THE CONTRACT AGREEMENT BETWEEN THE PETITIONER
AND THE 1ST RESPONDENT DT. 24.3.2011.
P3 - A TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT BEARING NO.IISER-
T/W(C)/172/13-14/439 TERMINATING THE CONTRACT WITH THE PETITIONER
DT. 28.02.2014.
P4 - A TRUE COPY OF THE PETITIONER'S LETTER BEARING NO.
CCCL/IISER/KL768/CL/417 FORWARDING FINAL BILL DT. 21.07.2014.
P5 - A TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT BEARING
NO. IISER-T/W(C)/172/14-15/112 REQUESTED THE PETITIONER TO REMOVE
MATERIALS ETC. DT. 03.09.2014.
P6 - ATRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT BEARING
NO. IISER-T/W(C)/172/14-15/49 FINALLY AGREEING THE PURCHASE THE
TEMPORARY BUILDINGS OF THE PETITIONER FOR A MEAGER SUM DT.
07/06/2014.
P7 - VARIOUS DATES - TRUE COPIES OF DELIVERY NOTES ISSUED BY THE
DEPARTMENT OF COMMERCIAL TAXES FOR REMOVAL OF
MATERIAL FROM THE SITE.
P8 - A TRUE COPY OF THE GATE PASS EVIDENCING REMOVAL OF MATERIAL
FROM THE SITE. DT. 09.10.2014
P9 - A TRUE COPY OF THE PETITIONER'S LETTER BEARING NO.
CCCL/IISER/KL768/CL/422 REITERATING THE REQUEST FOR REMOVAL OF
MATERIAL DT 22/09/2014.
P10 - A TRUE COPY OF THE PETITIONER'S LETTER REQUESTING THE 1ST
RESPONDENT TO RELEASE AN AD-HOC PAYMENT OF RS. 10.00 CRORES.
DT. 05.9.2014
P11 - A TRUE COPY OF THE PETITIONER'S LETTER REITERATING THE REQUEST
FOR REMOVAL OF MATERIAL DT. 15.09.2014.
P12 - A TRUE COPY OF THE PETITIONER'S LETTER REQUESTING THE 1ST
RESPONDENT TO RELEASE FINAL BILL PAYMENT DT. 16.09.2014.
P13 - A TRUE COPY OF THE PETITIONER'S LETTER INTIMATING THE 1ST
RESPONDENT OF THE VALUE OF MATERIALS, ETC. HELD AT PROJECT
SITE WITH ALIST.DT. 30.10.2014
sts 2/-
-2-
WP(C).NO.23340/2015
P14 - A TRUE COPY OF THE LETTER FROM 1ST RESPONDENT BEARING NO. IISER-
T/W(C)/172/14-15/172 IN REPLY TO PETITIONER'S LETTERS AT EXT.P11 AND
P12 DT 04.11.2014
P15 - A TRUE COPY OF THE PETITIONER'S LETTER SEEKING PERSONAL HEARING
OF THE 2ND RESPONDENT. DT. 15.12.2014
P16 - A TRUE COPY OF PETITIONER'S LETTER INTIMATING THE 1ST
RESPONDENT OF ITS STRONG CONCERN AND OBJECTION IN THE MATTER
DELAY & DENIAL. DT. 04.3.2015
P17 - A TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT BEARING NO.IISER-
T/W(C)/172/15-16/38 INTIMATING THEIR UNILATERAL VALUATION OF THE
MATERIALS AT RS.85.87 LAKHS AND ADEADLINE OF 45 DAYS TIME.
DT. 01.05.2015
P18 - A TRUE COPY OF THE PETITIONER'S LETTER IN REPLY TO
EXT. P17. DT. 14.5.2015
P19 - A TRUE COPY OF THE LETTER OF 1ST RESPONDENT BEARING NO. IISER-T/W
(C)/172/15-16/119 INTIMATING INITIATION OF PUBLIC AUCTION. DT. 09.06.2015
P20 - A TRUE COPY OF THE LETTER ISUED BY THE 1ST RESPONDENT BEARING
NO. IISER-T/W(C)/1762/15-16/209 INTIMATING DATE OF DATE OF PUBLIC
AUCTION. DT. 15.7.2015
P21 - A TRUE COPY OF THE SCHEDULE OF QUANTITIES PUBLISHED FOR PUBLIC
AUCTION THROUGH THE 1ST RESPONDENT'S WEB SITE (DT.14.7.2015).
P22 - A TRUE COPY OF THE ARBITRATION CLAUSE (CLAUSE 25) IN THE GENERAL
CONDITIONS OF CONTRACT - DATED NIL.
P23 - A TRUE COPY OF THE PEITIONER'S APPEAL PETITION FILED BEFORE THE
1ST RESPONDENT. DT. 25.7.2015
P24 - A TRUE COPY OF THE LETTER NO.CCCL/IISER/02 DATED 30/9/2015
P25 - A TRUE COPY OF THE LETTER NO.CCCL/IISER/03 DATED 3/10/2015
P26 - A TRUE COPY OF THE LETTER NO.IISER-T/W(C)/172/15-16/527 DATED
5/10/2015
P27 - A TRUE COPY OF THE LETTER DATED 9/10/2015.
P28 - A TRUE COPY OF THE MATERIAL RECONSILIATION STATEMENT DATED NIL
P29 - A TRUE COPY OF THE MATERIAL RE-CONCILIATION STATEMENT WITH
CORRESPONDING GATE PASS NUMBERS PREPARED BY THE APPLICANT.
DATED NIL
P30 - A TRUE COPY OF THE LETTER SUBMITTED BY THE HEAD LOAD WORKERS
UNION (CITU) TO IISER REGARDING RETURN OF SHUTTERING ITEMS
BELONGING TO THE PETITIONER CO., FROM M/S. CRESENT CONSTRUCTION
COMPANY DATED 01/10/2015
3/-
-3-
WP(C).NO.23340/2015
P31 - COPY OF THE LETTER ISSUED BY IISER ADMITTING THE FACT THAT
ADDL.RESPONDENT NO.4 HAS MIS-APPROPRIATED THE MATERIALS OF THE
PETITIONER COMPANY, DATED 01/10/2015.
RESPONDENT(S)' EXHIBITS
-----------------------------------------
R1(A) COPY OF THE NEWSPAPER REPORT IN THE HINDU DAILY DATED 28/1/2014.
R1(B) COPY OF THE COVERING LETTER NO.CCCL/IISER/CL/KL768/139 DATED
15/5/2012 ACCOMPANYING THE APPLICATION FOR TIME EXTENSION
SUBMITTED BY THE PETITIONER.
R1(C) COPY OF THE LETTER NO.IISER-T/W(C)/172/10-11/44 DATED 13/9/2012 OF THE
RESPONDENT INSTITUTE, GRANTING EXTENSION OF TIME UPTO 21/1/2013.
R1(D) COPY OF THE LETTER NO.IISER-T/W(C)/172/12-13/1767 DATED 19/1/2013 OF
THE RESPONDENT INSTITUTE DATED 19/01/2013 GRANTING EXTENSION OF
TIME.
R1(E) COPY OF THE LETTER NO.IISER-T/W(C)/172/13-14/51 DATED 31/8/2013 OF THE
RESPONDENT INSTITUTE GRANTING EXTENSION OF TIME UPTO 31/8/2013.
R1(F) COPY OF THE LETTER NO.IISER-T/W(C)/172/13-14/96 DATED 27/12/2013 OF
THE RESPONDENT INSTITUTE TO THE PETITIONER.
R1(G) COPY OF THE LETTER NO.IISER/T/W(C)172/13-14/401 DATED 30/1/2014 OF THE
RESPONDENT INSTITUTE TO THE PETITIONER.
R1(H) COPY OF THE LETTER NO.CCCL/IISER/CL/KL768/385 DATED 27/12/2013
SUBMITTED BY THE PETITIONER.
R1(I) COPY OF THE MEASUREMENT BOOK CONTAINING THE FINAL JOINT
MEASUREMENTS, VIDE COVERING LETTER NO.IISER-T/W(C)172/14-15/58
DATED 13/6/2014.
R1(J) COPY OF THE REPORT OF THE CENTRAL VIGILANCE COMMISSION ON
INTENSIVE EXAMINATION OF CIVIL WORK OF CONSTRUCTION OF BUILDINGS
(ACADEMIC COMPLEX) RELATED INFRASTRUCTURE & SITE DEVELOPMENT
WORKS PHASE 1 FOR IISER-TVM CAMPUS AT VITHURA, VIDE NO.12-14-H-19-
NH-29/270559 DATED 31/12/2014.
R1(K) COPY OF THE VALUATION REPORT SUBMITTED BY THE GOVERNMENT
APPROVED VALUER.
R4(1) COPY OF THE LETTER OF THE 1ST RESPONDENT DATED 14/09/2015
R4(2) COPY OF THE COMPLAINT FILED BY THE ADDL.4TH RESPONDENT DATED
18/09/2015.
R4(3) COPY OF THE COMPLAINT WITH ACKNOWLEDGMENT FROM THE CIRCLE
INSPECTOR OF POLICE, PALODE
4/-
-4-
WP(C).NO.23340/2015
R4(4) COPY OF THE PLAINT IN OS 867/2015 ON THE FILE OF THE MUNSIFF COURT,
NEDUMANGADU.
R4(5) COPY OF THE COMMISSION REPORT IN OS 867/2015 ON THE FILE OF THE
MUNSIFF COURT, NEDUMANGADU
ADVOCATE COMMISSIONER'S REPORT
EXHIBIT C1 COPY OF THE NOTICE DATED 11/11/15 BY ADVOCATE COMMISSIONER.
EXHIBIT C2 COPY OF THE VALUATION REPORT DATED 14/11/15 THE ARTICLES
FOUND AT THE WORK SITE WERE VALUED AT RS.3,78,000/-
EXHIBIT C3 COPY OF THE LIST FURNISHED BY THE ADDITIONAL 4TH
RESPONDENT SHOWING THE QUANTITY OF ARTICLES BROUGHT
INTO THE WORK SITE AND REMOVED FROM THE WORK SITE
EXHIBIT C4 COPY OF THE PAGES OF INWARD REGISTER MAINTAINED IN THE
ENTRY GATE OF THE 1ST RESPONDENT
EXHIBIT C5 COPY OF THE GATE PASSES FURNISHED TO ADVOCATE
COMMISSIONER BY THE 1ST RESPONDENT
EXHIBIT C6 COPY OF THE STATEMENT OF PLANT & MACHINERY, SHUTTERING
AND CONSTRUCTION MATERIAL.
EXHIBIT C7 COPY OF THE WORK MEMO TO THE ADVOCATE COMMISSIONER WITH
A REQUEST TO NOTE THE POINTS BY THE PETITIONER.
EXHIBIT C8 COPY OF THE LETTER DATED 14/11/15 ISSUED BY THE ADDITIONAL
4TH RESPONDENT TO THE ADVOCATE COMMISSIONER.
EXHIBIT C9 COPY OF THE MAHAZAR IN WHICH THE PRESENCE OF THE PARTIES
WHO PRESENT AT THE TIME OF INSPECTION WERE NOTED.
EXHIBIT C10 COPY OF THE NOTICE DATED 15/12/2015 ISSUED BY THE ADVOCATE
COMMISSIONER TO THE PETITIONER AND RESPONDENTS.
EXHIBIT C11 COPY OF THE GATE PASSESS FURNISHED TO THE ADVOCATE
COMMISSIONER.
/TRUE COPY/
P.A.TO JUDGE
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A. MUHAMED MUSTAQUE, J.
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W.P.(C).No. 23340 of 2015
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Dated this the 05th day of January, 2016
JUDGMENT
The petitioner has been awarded with a contract for construction by the 1st respondent. The contract has been terminated. Thereupon, the petitioner's materials lying in the premises were put on auction. The petitioner challenges the same.
2. Pursuant to the direction of this Court, the petitioner was able to remove certain materials. The petitioner submits that some of the materials had taken away by the new contractor. This Court appointed an Advocate Commissioner to note down the materials from the site.
W.P.(C).No. 23340 of 2015 -2-
3. The party respondents, who is the present contractor, would submit that the petitioner had taken away some of the materials. Essentially, there exist a dispute regarding the materials. This Court cannot be resolved through the power invoking under Article 226 of the Constitution of India. The petitioner is at liberty to agitate any issue relating to the materials before the competent civil court.
4. The learned Senior Counsel appearing for the 1st respondent submits that they claimed a loss of more than Rs.9,54,00,000/- from the petitioner. Therefore, the 1st respondent is free to proceed against the petitioner in accordance with law. Essentially, this dispute arising out of the allegations of breach of contract.
5. The petitioner now submits that no materials are W.P.(C).No. 23340 of 2015 -3- left in the premises after the removal made by him except some of the materials had taken away by the new contractor. In that view of the matter, the auction notice has become redundant. It is made clear that the claims of the materials by the petitioner as well as party respondents are to be independently agitated before the competent civil court.
Therefore, leaving open all the issues, the writ petition is closed.
Sd/-
A. MUHAMED MUSTAQUE JUDGE bpr