Kerala HC: Proper Assessment Required Before Recovery Proceedings

Mohammed Kunhi Versus Executive Engineer

Mohammed Kunhi Versus Executive Engineer - TMI Issues:
1. Dispute over stolen articles and payment under a contract with Kerala State Electricity Board.
2. Alleged arbitrary fixation of liability by the Board without notice to the petitioner.
3. Adjudication of damages and breach of contract.

Analysis:
1. The petitioner had a contract with the Kerala State Electricity Board for work at Ayyankavu Harijan Colony. Some articles were allegedly stolen from the petitioner's premises, leading to a complaint by the Board. The Court found the Board's unilateral fixation of the stolen articles' value arbitrary and directed a proper assessment with notice to the petitioner. The Board was instructed to initiate recovery proceedings only after determining the value of the missing materials. The interim direction for payment was to continue until the assessment.

2. The petitioner's grievance was that the Board, despite the Court's direction, unilaterally fixed liability without notifying the petitioner. The Board's order mentioned the sale of recovered articles without benefiting from the proceeds, claiming the items were not related to the contract. Due to these disputes, the Court deemed the resolution inappropriate for the Original Petition, citing the need for a proper adjudication process.

3. Referring to legal precedent, the Court emphasized that disputes over breach of contract and damages should be resolved by a Court or Tribunal, not unilaterally by a contracting party. Without admission of breach, one party cannot claim compensation without external adjudication. Given the violation of the Court's direction for notice in the assessment of damages, the Board's order was set aside. Both parties were instructed to seek remedies through contract provisions or civil proceedings, withholding the claimed sum by the petitioner and preventing coercive recovery by the Board until proper adjudication.

This comprehensive analysis covers the issues of dispute over stolen articles, arbitrary liability fixation, and the need for proper adjudication in cases of breach of contract, as addressed in the detailed judgment by the Kerala High Court.