M/S.Subaya Constructions,Coltd v. Mr. N. Ravi Chandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Contempt Petition Nos.1186, 1187 and 1189 of 2018 and Sub Application (OS) Nos.250, 251 and 252 of 2018 M/s.Subaya Constructions Co. Ltd., represented by its Director, Mrs.S.Meenakshi, No.21, Soundarapandian Salai, Ashok Nagar, Chennai - 600 083.

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Petitioner in all petitions Vs 1.Mr.N.Ravichandran, The Commissioner, Thiruchirappalli City Corporation, No.58, Bharathidasan Salai, Cantonement, Thiruchirappali - 620 001.

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1st Respondent in Cont.P.No.1186/2018 Mr.P.Kubendran The Commissioner, Vellore City Municipal Corporation, Infantry Road, Vellore - 632 001.

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1st Respondent in Cont.P.No.1187/2018 Mr.G.M.Ramalingam, The Superintending Engineer (Contracts & Monitoring), Chennai Metropolitan Water Supply and Sewerage Board, No.1, Pumping Station Road, Chindadripet, Chennai - 600 002.

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1st Respondent in Cont.P.No.1189/2018

2.Dr.K.Vijayakarthikeyan, The Commissioner, Coimbatore City Municipal Corporation, Big Bazar Street, Coimbatore - 641 001. ..2nd Respondent in all petitions Contempt Petitions filed u/s.11 of the Contempt of Courts Act praying to punish the respondents for willfully disobeying the orders of this Court dated 12.04.2018 passed in W.A.No.747 of 2018 and C.M.P.No.7147 of 2018, W.A.No.748 of 2018 and C.M.P.No.7148 of 2018 and W.A.No.749 of 2018 and C.M.P.No.7149 of 2018.

For Petitioner :Mr.S.Prabhakaran, Senior Counsel [in all petitions]for Mr.B.Natarajan For Respondents:Ms.P.Shanthi [R1] [in all petitions]Mr.Sivakumar, Standing Counsel [R2] ***** C O M M O N O R D E R [Order of the Court was made by M.SATHYANARAYANAN, J] These Contempt Petitions have been filed alleging noncompliance of the orders dated 12.04.2018 passed in W.A.No.747 of 2018 and C.M.P.No.7147 of 2018, W.A.No.748 of 2018 and C.M.P.No.7148 of 2018 and W.A.No.749 of 2018 and C.M.P.No.7149 of 2018.

2. When these matters were listed on 16.07.2018, learned Standing Counsel for the second respondent stated that the genuineness of the Work Completion Certificate has been confirmed, by sending a communication to the Commissioner and Special Officer, Tiruchirapalli City

Corporation, No.58, Bharathidhasan Salai, Cantonment, Trichirapalli - 620 001, dated 13.07.2018 and in the light of the same, these Contempt Petitions may be closed.

3. In response to the same, Mr.S.Prabhakaran, learned Senior Counsel assisted by Mr.B.Natarajan, learned counsel appearing for the petitioner, would submit that there is no necessity to state that there are certain defects took place while executing the work and also invited the attention of this Court to the terms and conditions of the agreement/contract and would submit that the agreement takes care of defects post execution also and the tender receiving authorities may get influenced by the said condition and prays for deletion of the same.

4. This Court has carefully considered the rival submissions and perused the materials on record.

5. A perusal of the above cited communication dated 13.07.2018 sent by the second respondent to the Commissioner and Special Officer, Tiruchirapalli City Corporation, would disclose that the genuineness of the Work Completion Certificate already issued to the petitioner firm in respect of work of Underground Drainage Scheme with Truck Sewers, Laterals, Rider mains, Inspection Chambers in the Zones I, II, V and VI of the Coimbatore Corporation (Package-I) has been confirmed. They also pointed out that there were certain defects, which were not

fully attended and in the concluding paragraphs, it has also been stated that the above genuineness Certificate is issued without prejudice to the rights of Corporation to demand M/s.Subaya Construction Company Limited, Chennai (petitioner) to rectify the defects as and when it was pointed out to them during the Defects Liability Periods i.e., upto 28.02.2020. A perusal of the typed set of documents would also disclose that the petitioner has also given a detailed representation dated 21.03.2018 as to attending/rectifying the defects pointed out.

6. Therefore, the petitioners are at liberty to send a copy of the representation dated 21.03.2018 along with the communication of the respondent dated 13.07.2018, to the concerned authorities, while participating in the tender process.

These Contempt Petitions are closed subject to the above observation.

SD/- ASSISTANT REGISTRAR(COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

KR/CO/25/07/2018 one cc to M/s.R.Sivakumar, Advocate, Sr.No.9933 One cc to M/s.B.Natarajan, Advocate, Sr.No.10004