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2017 Supreme(Online)(KER) 6895

HIGH COURT OF KERALA
SHAJI P.CHALY, J
WILSON PAULOSE – Appellant
Versus
THE EXECUTIVE ENGINEER – Respondent


JUDGMENT

Petitioner is an 'A' class contractor, who was awarded with contract work for the construction and maintenance of three roads under the Prime Minister's Grama Sadak Yojana Scheme of 2005-2007, package No.K-02-06 of Mulanthuruthy Block in Ernakulam District. According to the petitioner, petitioner has completed the work and done the maintenance works also. However, the bills submitted by the petitioner is not paid. Consequent to which petitioner has submitted Ext.P9, however, no action is initiated to release funds to the petitioner. According to the petitioner, as per Ext.P8, which is a portion of agreement executed by and between the petitioner and the respondents, an in-house redressal mechanism is provided. Therefore, the 3rd respondent is duty bound to consider Ext.P9 representation submitted by the petitioner.

2. I find force in the contention raised by the petitioner.

From Ext.P8 it is discernible that, when there is a dispute arising by and between the parties, the same is to be redressed as per the provisions provided therein.

3. Therefore, there will be a direction to the respondents to take on board Ext.P9 and arrive at a final conclusion within two months form the

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