Kerala High Court
M/S Webuild (P) Ltd vs Government Of Kerala on 15 June, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 12TH DAY OF APRIL 2017/22ND CHAITHRA, 1939
WP(C).No. 13668 of 2017 (G)
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PETITIONER(S):
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M/S WEBUILD (P) LTD.,
HAVING ITS REGISTERED OFFICE AT T.C.16/1713,
JAGATHY, THIRUVANANTHAPURAM,
REPRESENTED BY SRI.C.KAMALASANAN,
MANAGING DIRECTOR, WEBUILD (P) LTD.,
AGED 77, S/O LATE CHELLAPPAN,
RESIDING AT SRUTHI, T.C.16/712, JAGATHY,
THIRUVANANTHAPURAM - 695 014.
BY ADV. SRI.BASANT BALAJI
RESPONDENTS:
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1. GOVERNMENT OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY
TO GOVERNMENT,
LSGD (URBAN AFFAIRS) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN:695 001.
2. EMPOWERED COMMITTEE OF KERALA URBAN
DEVELOPMENT PROJECT,
REPRESENTED BY ITS MEMBER SECRETARY,
5TH FLOOR, TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014.
3. THE PROJECT DIRECTOR,
PROJECT MANAGEMENT UNIT (PMU),
KERALA SUSTAINABLE URBAN DEVELOPMENT PROJECT,
5TH FLOOR, TRANS TOWERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.
WP(C).No. 13668 of 2017 (G)
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4. PROJECT MANAGER,
PROJECT IMPLEMENTATION UNIT,
KERALA SUSTAINABLE URBAN DEVELOPMENT PROJECT
(KSUDP), THIRUVANANTHAPURAM CORPORATION,
4TH FLOOR, CORPORATION BUILDING ANNEX,
THIRUVANANTHAPURAM-695 033.
5. CORPORATION OF THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY,
CORPORATION BUILDING,
THIRUVANANTHAPURAM-695 001.
R1 BY SMT. VINEETHA B. HARIRAJ (GOVERNMENT PLEADER)
R2 & R5 BY SRI.P.K.MANOJ KUMAR,SC,TVPM CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12-04-2017, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No. 13668 of 2017 (G)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 : A TRUE COPY OF THE LETTER OF ACCEPTANCE OF THE
BID DATED 15.06.2009.
EXHIBIT P2 : TRUE COPY OF THE IST TWO PAGES OF THE
AGREEMENT NO.14/PIU/KSUDP/TVM/URT DATED 15.07.2009.
EXHIBIT P3 : TRUE COPY OF THE RELEVANT PAGES CONTAINING
LIQUIDATED DAMAGES CLAUSE 46 OF GENERAL CONDITIONS OF
CONTRACT (G.C.C.).
EXHIBIT P4 : TRUE COPY OF THE RELEVANT PAGES OF THE PCC
CONTAINING CLAUSE 46.
EXHIBIT P5 : TRUE COPY OF THE LETTER DATED 24.05.2010 OF
PETITIONER TO 4TH RESPONDENT.
EXHIBIT P6 : TRUE COPY OF THE COVERING LETTER ATTACHING-
COMPLETION CERTIFICATE DATED 16.09.2015 ISSUED TO
PETITIONER BY 4TH RESPONDENT.
EXHIBIT P7 : TRUE COPY OF THE DELAY ANALYSIS SUBMITTED BY
THE 4TH RESPONDENT TO THE 3RD RESPONDENTS IN
NO.PIU/TVM/KSUDP/URT/2016/1219 DATED 15.2.2016 OBTAINED
UNDER RTI.
EXHIBIT P8 : TRUE COPY OF THE LETTER DATED 24.09.2009
ANNEXING THE REPORT DATED 11.09.2009 OF CHIEF SUPERVISION
ENGINEER (CSE).
EXHIBIT P9 : TRUE COPY OF THE RELEVANT PAGES CONTAINING
PRICE ADJUSTMENT CLAUSE 44 OF GCC.
EXHIBIT P10: TRUE COPY OF THE PAGES OF PCC SPECIFYING THAT
THE CONTRACT PRICE IS SUBJECT TO ALTERATION IN ACCORDANCE
WITH THE PROVISIONS OF THE ANNEXURE-2. (PRICE ESCALATION)
TO THE CONTRACT AGREEMENT.
EXHIBIT P11: TRUE COPY OF THE PAGES CONTAINING ANNEXURE -2
(PRICE ESCALATION).
WP(C).No. 13668 of 2017 (G)
EXHIBIT P12: TRUE COPY OF THE LETTER DATED 18.10.2013 OF
PETITIONER TO THE R3.
EXHIBIT P13: TRUE COPY OF THE LETTER NO.10/URT-TVPM/2012-
13/KSUDP DATED 01 NOVEMBER 2013 OF R3 TO 4TH RESPONDENT
WITH COPY TO PETITIONER.
EXHIBIT P14: TRUE COPY OF THE LETTER OF 4TH RESPONDENT IN
NO.PIU/TVM/KSUDP/JQS/URT/2014/437 DATED 06.08.2014 TO R3
COMPUTING UNPAID PRICE ESCALATION.
EXHIBIT P15: TRUE COPY OF THE LETTER DATED 21.01.2015 OF
PETITIONER TO R3.
EXHIBIT P16: TRUE COPY OF THE LETTER DATED 24.01.2015 OF R3
DIRECTING 4TH RESPONDENT FOR DRAFTING A SUITABLE REPLY TO
THE PETITIONER WITH THE ASSISTANCE OF TSU.
EXHIBIT P17: TRUE COPY OF THE LETTER DATED 21.02.2015 OF
PETITIONER TO IST RESPONDENT.
EXHIBIT P18: TRUE COPY OF THE LETTER DATED 01.07.2015 OF R3
TO 4TH RESPONDENT WITH COPY TO PETITIONER.
EXHIBIT P19: TRUE COPY OF THE LETTER DATED 17.07.2015 OF
PETITIONER TO 4TH RESPONDENT.
EXHIBIT P20: TRUE COPY OF THE LETTER DATED 24.08.2015 OF
PETITIONER TO R3.
EXHIBIT P21: TRUE COPY OF THE LETTER DATED 18.11.2016 OF
PETITIONER TO R3.
EXHIBIT P22: TRUE COPY OF THE TECHNICAL CIRCULAR DATED
15.06.2011.
EXHIBIT P23: TRUE COPY OF THE PAGES CONTAINING PROCEDURE
FOR DISPUTES CLAUSE 24 OF GCC.
EXHIBIT P24: TRUE COPY OF PAGES CONTAINING FRAUD AND
CORRUPTION CLAUSE 57 OF GCC.
RESPONDENT(S)' EXHIBITS : NIL
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/TRUE COPY/
P.A. TO JUDGE
sf
SHAJI P. CHALY, J.
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W.P.(C) No.13668 of 2017
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Dated this the 12th day of April, 2017
JUDGMENT
In response to an invitation made by the 4th respondent, petitioner has submitted a bid for the work of Thiruvananthapuram Road Improvement Works Part-I, Package No.TVM-RT-01-A1 Road from Attakulangara Junction to NH Bye Pass near Thiruvallom. Petitioner's bid was accepted for an amount equivalent to Rs.12,29,88,580/- as corrected and modified in accordance with Instruction to Bidders. Even after the project is completed, according to the petitioner, the bills are not settled. The rationale of amicable settlement is provided in the General Conditions of Contract, evident from Ext.P23, and particularly to Clause 24 therein. Thereupon, in order to resolve the dispute, petitioner has submitted Ext.P21 before the 3rd respondent, and it is thus seeking appropriate direction to resolve the dispute by resorting to Clause 24 of Ext.P23, this writ petition is filed by the petitioner.
W.P.(C) No.13668 of 2017 2
2. Having heard learned counsel for the petitioner, learned Government Pleader and the learned Standing Counsel appearing for the 5th respondent, there will be a direction to the 4th respondent to take on board Ext.P21 and consider the same in accordance with law, by resorting to the dispute resolution mechanism contained under Ext.P23, and attain finality to the same within two months from the date of receipt of a copy of this judgment, after providing notice of hearing to all concerned.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE St/-
18.04.2017