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2019 Supreme(Online)(KER) 40570

HIGH COURT OF KERALA
SABARI ENTERPRISES – Appellant
Versus
EXECUTIVE ENGINEER – Respondent


This writ petition is filed by the petitioner

seeking direction to the respondents to effect

immediate payment of the amounts due under a contract

to the petitioner as requested in Ext.P5 representation

along with interest for the delay in payment as

provided in the Interest Act, 1978. Brief material

facts for the disposal of the writ petition are as

follows:

2.

Petitioner is a Government contractor engaged

in the execution of works for the Public Works

Department of the State Government. Petitioner has

undertaken the construction of official residence for

Chief Secretary to the State Government, the multi-

storied building of 10 class rooms in the Blind School,

Vazhuthacaud, 9 class rooms for SMV High School,

Thiruvananthapuram and the new building for Government

HSS, Punnala, in terms of Ext.P2 agreement executed by

and between the parties. The case of the petitioner is

that, even though work was completed and three bills

were presented covering Rs.2.18 Crores in part, during

September, 2016, December, 2016 and February, 2017,

payment has been awarded only during July, 2017. The

balance bills are still pending. According

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