High Court of KeralaWP(C)/13981/2012disposed of

M/S.Oriental Structural Engineers Pvt.Ltd. v. State Of Kerala

2015-04-08Honourable Dr. Justice A.K.Jayasankaran Nambiar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No. 13981 of 2012 (W) ---------------------------- PETITIONER :

---------------------- M/S.ORIENTAL STRUCTURAL ENGINEERS PVT. LTD., 21, COMMERCIAL COMPLEX, MALCHA MARG, DIPLOMATIC ENCLAVE, NEW DELHI-110 021, REPRESENTED BY THE GENERAL MANAGER (CONTRACTS), BISWARUP CHANDA.

BY SRI.K.L.VARGHESE,SENIOR ADVOCATE ADVS. SMT.SANTHA VARGHESE SRI.RAHUL VARGHESE SRI.RANJITH VARGHESE RESPONDENT(S):

----------------------------

1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

2. THE PROJECT DIRECTOR, KERALA PUBLIC WORKS DEPARTMENT, KERALA STATE TRASPORT PROJECT (KSTP), TC. 11/339, JAGAD BUILDING, KESTON ROAD, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003.

3. THE ASSISTANT COLLECTOR-II, EXECUTIVE MAGISTRATE, DISTRICT NEW DELHI, 12/1 JAM NAGAR HOUSE, SHAHJAHAN ROAD, NEW DELHI-110 011.

R1 BY ADDL. ADVOCATE GENERAL SRI.K.A.JALEEL R2 BY ADV. SRI.K.V.MANOJ KUMAR SRI.P.R.SREEJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.13981/2012 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1:

TRUE COPY OF NOTIFICATION DATED 28-08-2005.

EXHIBIT P2:

TRUE COPY OF THE ARBITRAL AWARD DATED 03-09-2005. EXHIBIT P3:

TRUE COPY OF THE DISTRICT COURT ORDER DATED 06-09-2007. EXHIBIT P4:

TRUE COPY OF THE JUDGMENT DATED 17-09-2009 IN ARBITRAION APPEAL NO. 32/2007.

EXHIBIT P5:

TRUE COPY OF THE APPLICATION FOR AMENDMENT OF CLAIM DATED 28-03-2011.

EXHIBIT P6:

TRUE COPY OF THE MAJORITY DECISION OF THE ARBITRAL TRIBUNAL DATED 28-03-2011.

EXHIBIT P7:

TRUE COPY OF 2ND RESPONDENT'S LETTER DATD 20-06-2011. EXHIBIT P8:

TRUE COPY OF PETITIONER'S LETTER DATED 08-7-2011. EXHIBIT P9:

TRUE COPY OF DEMAND NOTICE DATED 30-05-2012 FROM THE 3RD RESPONDENT WITH ENCLOSURES.

RESPONDENTS' EXHIBITS:

EXHIBIT R2(A): TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT WITH THE PETITIONER DATED 7/1/2002 EXHIBIT R2(B): TRUE COPY OF THE RATE ANALYSIS SUBMITTED BY THE PETITIONER.

EXHIBIT R2(C): TRUE COPY OF THE PRICE LIST FROM IOC TO THE PETITIONER. EXHIBIT R2(D): TRUE COPY OF THE DISPATCH REGISTER EVIDENCING DISPATCH TO THE PETITIONER.

/TRUE COPY/ P.A.TO JUDGE sts

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 13981 of 2012 - - - - - - - - - - - - - - - - Dated 30th May, 2014 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

On 29.05.2014, when the matter was called, the counsel for the petitioner was absent and the matter was posted to 30.05.2014. Today also, the counsel for the petitioner is absent.

Hence, the writ petition is dismissed for default.

Sd/- K.VINOD CHANDRAN, Judge Mrcs