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2024 Supreme(Online)(KER) 4310

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

WEDNESDAY, THE 13TH DAY OF MARCH 2024 / 23RD PHALGUNA, 1945

WP(C) NO. 9099 OF 2024

PETITIONER:

NAVASMON C. M

AGED 41 YEARS

S/O. MUHAMMED HANEEFA,

RESIDING AT CHANDANAPARAMBIL HOUSE,

PALLICKACHIRA P. O., CHANGANACHERRY,

KOTTAYAM DISTRICT, PIN – 686 537.

BY ADVS.

S.JAYAKRISHNAN SUKUMARAN NAIR

S.PARAMESWARA PRASAD

RESPONDENTS:

PAIPPAD GRAMAPANCHAYATH

REPRESENTED BY ITS SECRETARY,

NALUKODY P. O., CHANGANACHERRY,

KOTTAYAM DISTRICT,

PIN – 686 548.

THE PAIPPAD GRAMA PANCHAYAT COMMITTEE

REPRESENTED BY ITS PRESIDENT,

NALUKODY P.O., CHANGANACHERRY,

KOTTAYAM DISTRICT,

PIN – 686 548.

SRI. SURIN GEORGE IPE - SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 13.03.2024, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:

WP(C).No.9099 OF 2024

Authorities should consider requests for extensions of time to pay bid amounts, taking into account the financial circumstances of the petitioner.

Headnote:

CONTRACT - AUCTION - PAYMENT OF BALANCE BID AMOUNT - TIME EXTENSION - COURT DIRECTED AUTHORITY TO CONSIDER REQUEST FOR EXTENSION OF TIME FOR PAYMENT OF BALANCE BID AMOUNT

Fact of the Case:

The petitioner, a successful bidder in an auction for the sale of meat, requested an extension of time to pay the balance bid amount due to financial difficulties.

Finding of the Court:

The court directed the authority to consider the petitioner's request for an extension of time to pay the balance bid amount.

Issues: Whether the authority should consider the petitioner's request for an extension of time to pay the balance bid amount.

Ratio Decidendi: The court held that the authority should consider the petitioner's request for an extension of time to pay the balance bid amount, taking into account the petitioner's financial difficulties.

Final Decision: The court directed the authority to consider the petitioner's request for an extension of time to pay the balance bid amount within ten days from the date of receipt of the judgment.

JUDGEMENT

The petitioner is running a Meat Stall in the 1st respondent Grama Panchayat market. He was the successful bidder in the auction conducted by the 1st respondent Panchayat for the sale of meat for the period 2023 - 2024. The bid amount fixed was Rs.7,26,025/-. Out of the same, the petitioner had paid an amount of Rs.1,50,000/- as advance. The petitioner was issued with Ext.P1 notice by the 1st respondent asking to pay the balance bid amount including GST for the financial year 2023 - 2024.

Since the petitioner was in financial stringency, he submitted Ext.P2 representation before the 1st respondent requesting to grant time for paying the balance bid amount including the GST. The limited prayer of the petitioner is for a direction to the 1st respondent to consider Ext.P3.

2.Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

3.in the facts and circumstances of the case and having regard to the submissions made across the bar, there will be a direction to the 1st respondent to consider and dispose of ext.p2, after hearing the petitioner, as expeditiously as possible, at any rate, within a period of ten days from the date of receipt of a copy of this judgment. the writ petition is disposed of with the above direction.

    MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.9099 OF 2024 APPENDIX PETITIONER’ S EXHIBITS :-
    EXHIBIT P1TRUE COPY OF NOTICE NO. SC2/4760/23 DATED 10.10.2023 ISSUED BY THE 1ST RESPONDENT.
    EXHIBIT P2TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 08/02/2024.
    RESPONDENTS EXHIBITS: NIL.
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