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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI, MR. JUSTICE SYAM KUMAR V.M., JJ
Chief Engineer, PWD National Highways – Appellant
Versus
L.Satheek, Managing Partner, K.Lakshmanan – Respondent
JUDGMENT :
Syam Kumar V.M., J.
This Writ Appeal is filed challenging the judgment of the learned Single Judge dated 19.07.2024 in W.P.(C) No.17963 of 2022. Appellants were respondents 3 to 6 in the W.P.(C) and respondents are the petitioner and respondents 1 and 2 in the W.P.(C). Parties are hereinafter referred to as per their status in the Writ Petition.
2. The Writ Petition was filed by the petitioner contractor inter alia seeking to quash Ext.P10 order dated 02.09.2021 and Ext.P12 letter dated 15.11.2021 issued by the Public Works Department and seeking a direction to the respondents to pay an amount of Rs.60,66,720/- as demanded by him in Ext.P13, which according to him is the interest payable for the amount which had been withheld by the Department.
3. The learned Single Judge allowed the Writ Petition and quashed Ext.P10 and P12 to the extent they limited the payment of interest to 1% below the Treasury Savings Bank rate. The learned Single Judge also directed the respondents to pay the petitioner interest on the sum of Rs.19,33,205/- at the rate of 12% per annum (simple interest) from 31.03.2010 till the date of payment, after deducting the amounts already paid. The said judgme
The court clarified that interest disputes related to contracts should be resolved in civil courts, not through writ petitions, and that the learned Single Judge's order fixing interest at 12% lacked....
The main legal point established in the judgment is that the demand for interest at the rate of 18% and panel interest at the rate of 21% was without any reasons against the mandate of the law of Dam....
The main legal point established in the judgment is the obligation of the respondents to clear the bills, release payment, and pay interest as per the court's directions, as well as the applicability....
State authorities are liable for breach of contract when failing to fulfill terms, allowing for the contractor to claim due payments and interest, subject to evidentiary support and stipulations.
The court upheld the right of the petitioner to receive payment for works executed under the 'Mahatma Gandhi National Rural Employment Guarantee Scheme' and ordered the respondents to clear the bills....
The statutory interest rate for delayed gratuity payments is 10%, as mandated by Section 7(3A) of the Payment of Gratuity Act, 1972, and prior contrary rulings are not binding.
The appropriate forum for adjudication of claims for interest on delayed payments should be approached by the concerned parties, and any decision on such claims should be made in accordance with the ....
The main legal point established in the judgment is the court's authority to set aside deduction percentages, order payment of interest, and direct compliance with its directions in matters related t....
The central legal point established in the judgment is the obligation of the respondents to pay the principal amount of the bills raised by the petitioners within a specified time and the applicabili....
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