R.Gopinatha Kurup vs The Travancore Cements Ltd on 4 January, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 71 of 2011(H)


1. R.GOPINATHA KURUP, ANJALI,
                      ...  Petitioner

                        Vs



1. THE TRAVANCORE CEMENTS LTD.,
                       ...       Respondent

2. THE MANAGING DIRECTOR, THE TRAVANCORE

                For Petitioner  :DR.K.P.SATHEESAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :04/01/2011

 O R D E R
                      ANTONY DOMINIC, J.
                    ================
                   W.P.(C) NO. 71 OF 2011
                =====================

            Dated this the 4th day of January, 2011

                         J U D G M E N T

Petitioner was the successful tenderer in the tender invited

by the 1st respondent for the sale of construction grade sand

dredged out from Akkulam Lake in Thiruvananthapuram. In terms

of the tender conditions, petitioner ought to have remitted the

tender amount within 7 days, which he did not do. On the other

hand, he requested for relaxation of the payment terms. That was

considered, and by Ext.P4, the respondents agreed that the

petitioner can remove the sand within 20 working days. Now the

petitioner has approached this Court praying that he be permitted

to remit the amount in four instalments.

2. I heard the standing counsel appearing for the

respondents, who opposes the prayer.

3. Admittedly, the issue is contractual, and the parties are

bound by the terms thereof. Therefore, unless the respondents

agrees, this Court will not be justified in diluting the tender

conditions or granting any instalment facility. Therefore, I am not

WPC No. 71/11
:2 :

persuaded to grant the reliefs sought for.

Writ petition is dismissed.

ANTONY DOMINIC, JUDGE
Rp