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2026 Supreme(Online)(Ker) 8088

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
M/S.MANSIONS – Appellant
Versus
COCHIN SMART MISSION LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.RANJITH VARGHESE, SMT.SANTHA VARGHESE, SRI.RAHUL VARGHESE, SRI.K.L.VARGHESE (SR.), SHRI.RANJAN BABU JOSEPH, SHRI.GEO KENNEDY K.
For the Respondents: SMT.M.U.VIJAYALAKSHMI, SHRI.AMITH KRISHNAN H., SRI.K.JAJU BABU (SR.), SHRI.B.G.HARINDRANATH, SC, KIIFB, SMT.P.DEVIKRISHNA, MS.GAYATHRI C.H., SMT.ANNA MARY MATHEW

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 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) I

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