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2023 Supreme(Ker) 790

N. NAGARESH
Kico Business Corporation – Appellant
Versus
Municipality Of Pandalam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MANU RAMACHANDRAN, M.KIRANLAL, R.RAJESH (VARKALA), T.S.SARATH, SAMEER M NAIR, HARSHA SUSAN SAM, GEETHU SUSAN VARGHESE
For the Respondent: T.S.MAYA (THIYADIL)

JUDGMENT :

The petitioner is a Partnership Firm which has been awarded with the work of supplying street lights and its materials during 2021-2022 by the Pandalam Municipality. The petitioner is aggrieved by the delay on the part of the Municipal authorities in releasing the bill amount due to the petitioner.

2. The petitioner states that after following an e-tender process, the respondents awarded the work of supplying street lights and its materials to the petitioner on 09.08.2021. Ext.P1 supply order was issued to the petitioner on 16.08.2021. The petitioner supplied 3500 tubes and 1000 LED bulbs. Two consignments of single tube sets were supplied later. Another consignment of single tube sets along with nuts, bolts and clamp, 70 coils of aluminium wire of 1.5 mm, also were supplied.

3. The petitioner states that the 2nd respondent had taken samples from the supplied goods and tested the quality of supplied goods in NSS Polytechnic College, Pandalam. The goods were accepted by the Municipality only after ensuring the quality of the goods. Thereafter, the 2nd respondent released the bill amount in respect of the supplies, on 23.12.2021 after deducting applicable taxes.

4. To the surp

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