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2020 Supreme(Online)(KER) 35258
HIGH COURT OF KERALA
P.V.ASHA, J
ABY JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/24287/2020
SRI.BABU JOSEPH KURUVATHAZHA, SRI.P.RAHIM
Contractors are entitled to timely payment upon completion of work as per contractual agreements.
Headnote:
Payment - Contractors - Payment of Completed Work - Contractual Obligations Summary
Fact of the Case:
Contractors completed works awarded by the District Disaster Management Authority but have not received payment despite the works being completed.
Finding of the Court:
The court found no dispute regarding the award or completion of the works, thus ordering payment to be made to the contractors within one month.
Issues: Whether the contractors are entitled to receive payment for the completed works.
Ratio Decidendi: The completion of work under the award constituted a contractual obligation for payment to the contractors.
Final Decision: The respondents must pay the petitioners within one month.
J U D G M E N T
Petitioners in all these cases are Contractors who have undertaken work awarded to them by the District Disaster Management Authority. It is stated that though the works are already completed they are yet to be paid the bills.
2. Heard the learned Government Pleader also.
3. The respondents do not dispute that the work is not awarded to the petitioners. There is no dispute with respect to the completion of work also.
Therefore there shall be a direction to the respondents to see that payment is made to the petitioners within a period of 'one month' from the date of receipt of a copy of the judgment.
These writ petitions are disposed of accordingly.
Sd/-
P.V.ASHA, JUDGE AS APPENDIX OF WP(C).NO.24287/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO.09/AEE/2020-2021 DATED 15.05.2020 EXECUTED BETWEEN THE 4TH RESPONDENT AND THE PETITIONER.
EXHIBIT P2 TRUE PHOTOCOPY OF THE DETAILED COMPLETION CERTIFICATE OF THE WORK PREPARED BY THE 4TH RESPONDENT.
EXHIBIT P3 TRUE PHOTOCOPY OF THE RUNNING ACCOUNT BILL FOR THE VALUE OF RS.13,77,343/-
PREPARED BY THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED
19.06.2020 OF THE 3RD RESPONDENT FORWARDED TO THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
14.08.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
APPENDIX OF WP(C).NO.24344/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO. 10/AEE/2020-
2021 DATED 15.5.2020 EXECUTED BETWEEN THE
4TH RESPONDENT AND THE PETITIONER.
EXHIBIT P2 TRUE PHOTOCOPY OF THE SUPPLEMENTARY AGREEMENT NO 1 DATED 30.07.2020 EXECUTED BETWEEN THE CONTRACTOR AND THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RUNNING BILL FOR THE VALUE OF RS.7,80,456/- REGISTERED WITH THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 15.8.2020 OF THE 3RD RESPONDENT FORWARDED TO THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
24.8.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
APPENDIX OF WP(C).NO.24362/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO.07/A33/2020-
2021 DATED 15/5/2020 EXECUTED BETWEEN THE
4TH RESPONDENT AND THE PETITIONER.
EXHIBIT P2 TRUE PHOTOCOPY OF THE RUNNING ACCOUNT BILL PREPARED BY THE 4TH RESPONDENT, ON SATISFACTORY EXECUTION OF THE WORK INVOLVED IN EXT.P1 AGREEMENT.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 19/6/2020 OF THE 3RD RESPONDENT, FORWARDED TO THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE DETAILED COMPLETION CERTIFICATE OF THE WORK INVOLVED IN EXT.P2 RUNNING BILL PREPARED BY THE 4TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
14/8/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
