IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
M/S.MANSIONS – Appellant
Versus
COCHIN SMART MISSION LIMITED – Respondent
| Table of Content |
|---|
| 1. contractor's grievance over unpaid amounts. (Para 1) |
| 2. acknowledgment of some admitted claims. (Para 2) |
| 3. dispute resolution mechanisms discussed. (Para 3) |
| 4. court orders approval and disbursement of undisputed claims. (Para 4) |
JUDGMENT
This writ petition is submitted by the petitioner, a contractor who entered into an agreement (Ext.P20) with the 2nd respondent, for construction of Cancer Specialty Block for Government Hospital, Ernakulam. The execution of contract by the 2nd respondent was in their capacity as the consultants of the 1st respondent-Cochin Smart Mission Ltd. To be precise, the 2nd respondent was the project management consultant and the amounts are to be disbursed by the 1st respondent. Thereafter, a tripartite agreement was entered into between petitioner, the 1st respondent and the 2nd respondent in respect of the same as well. The grievance of the petitioner is that, even though the petitioner had completed the work as evidenced by Ext.P1, the amounts payable to the petitioner were not completely released. The writ petition was submitted in this circumstances, seeking the following reliefs:
“(i) Issue a writ of mandamus or any other appropriate
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