The court emphasized the necessity of releasing undisputed contractual payments while advising against pursuing unresolved disputes in writ petitions.

JUDGMENT

This writ petition is submitted by the petitioner, a contractor who entered into an agreement (Ext.P20) with the 2^nd respondent, for construction of Cancer Specialty Block for Government Hospital, Ernakulam. The execution of contract by the 2^nd respondent was in their capacity as the consultants of the 1^st respondent-Cochin Smart Mission Ltd. To be precise, the 2^nd respondent was the project management consultant and the amounts are to be disbursed by the 1^st respondent. Thereafter, a tripartite agreement was entered into between petitioner, the 1^st respondent and the 2^nd 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 writ, order or direction, directing the 1st Respondent to release and pay an amount of Rs. 54,88,271/- inclusive of GST as per the built in price variation clause in the agreement under Clause 10 CA and 10 CC, forming part of the agreement.

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 1st Respondent to release an amount of Rs. 2,56,802/- being reimbursement of balance GST amount paid at 18% over and above 12% already paid by the Respondent to the Petitioner on RA Bill No. 10 as per the agreement.

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st Respondent to pay an amount of Rs. 4,77,357/- being reimbursement of ESI and EPF contributions which are to be released to the Petitioner as per Clause 19 (L) of the agreement.

(iv) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st Respondent to pay an amount of Rs. 9,63,759/- being interest due on the aforesaid amounts under Reliefs (i) to (iii) as per Clause 7 of the Contract Conditions, being interest due on delay in payment of RA Bills, upto 15th August 2024 and future interest, if any, if not paid by that time.

(v) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st Respondent to pay an amount of Rs. 32,61,021/- due to the Petitioner as per Clause 15 of the Contract Conditions and as referred to settlement by the Dispute Redressal Committee set up by the 2nd Respondent-Consultant and in case Dispute Redressal Committee fails to take a decision favourable to the Petitioner as sought for.

(vi) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st Respondent to pay other amounts, if any found due, during the course of pendency of the writ petition for hearing with interest thereof at usual bank rate. (vii) Grant costs to the Petitioner and such other reliefs as are prayed for and deemed fit to be granted in the circumstances of the case.”

2. Separate counter affidavits were submitted by the 1st and 2^nd respondents, wherein, the amounts under certain heads were admitted, whereas, with regard to the certain heads disputes were raised by the respondents. The respondents raised objection with regard to the maintainability of this writ petition, as according to the respondents, an alternate dispute resolution mechanism is contemplated as per Ext.P2 agreement.

3. As far as the admitted heads are concerned, the same pertain to an amount of Rs.54,88,271/- as per Clause 10 CA and 10 CC of the General Contract Conditions (GCC), which are included in Ext.P20 agreement. Apart from the above, there is no serious dispute with regard to the ESI and EPF contribution and also the variation in the rate of GS