GANESH TECHNICAL CONSULTANCY SERVICES Vs. ALUVA MUNICIPALITY

JUDGEMENT

(1.) The petitioner became selected in an e-tender process initiated by the first respondent for preparing a Detailed Project Report for renovation of Aluva Municipal Market. It is stated by the petitioner that they have completed the work undertaken by them and submitted the Detailed Project Report. The case of the petitioner is that nevertheless they are not being disbursed the amounts due for the work undertaken by them. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.

(2.) A statement has been filed on behalf of the first respondent. Paragraphs 3 and 4 of the statement read thus:

(3.) To a specific query as to whether the approval of the Detailed Project Report by Impact Kerala Limited was a condition stipulated in the agreement entered into between the petitioner and the first respondent pursuant to the tender, for effecting payment of the work entrusted to the petitioner, the answer of the counsel for the first respondent was in the negative. If there was no stipulation in the agreement entered into between the petitioner and the first respondent Municipality to the effect that the payment due to the petitioner will be effected only after Impact Kerala Limited grants approval for the Detailed Project Report, I am of the view that the payment due to the petitioner cannot be withheld on that ground.