High Court of Kerala directed BSNL and others to pay an admitted balance amount to a contractor for a satisfactorily executed civil work within three months, with 50% payment due within 45 days.
Directed respondents to effect balance payment within three months, with 50% payment within 45 days of receipt of judgment copy.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941
WP(C).No.26750 OF 2019(P)
PETITIONER:
NIJITH ASOKAN, AGED 41 YEARS, S/O ASOKAN, PARAKKUDI VEEDU, 14/1785, CHENNILODE, KANNAMOOLA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.
BY ADVS. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SMT.P.ANJANA SMT.NEENU PAVITHRAN SRI.R.HARIKRISHNAN (KAMBISSERIL) SRI.NIKHEL K GOPINATH
RESPONDENTS:
1 BHARAT SANCHAR NIGAM LTD., REPRESENTED BY ITS MANAGING DIRECTOR, BHARAT SANCHAR BHAVAN, HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI-110 001.
2 THE CHIEF GENERAL MANAGER, OFFICE OF THE CHIEF GENERAL MANAGER, KERALA TELECOMMUNICATIONS, THIRUVANANTHAPURAM-695 033.
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3 ASSISTANT GENERAL MANAGER, CFA-NWD 11, OFFICE OF THE GM TELECOM BSNL , BSNL BHAVAN, PULIMOODU JUNCTION, KOTTAYAM-686 001.
4 SALES TAX OFFICER, (CORRECTED) IIIRD, CIRCLE, THIRUVANANTHAPURAM, OFFICE OF THE STATE TAX OFFICER, IIIRD CIRCLE, THIRUVANANTHAPURAM-695 002.
(THE CAUSE TITLE OF THE 4TH RESPONDENT IS CORRECTED BY SUBSTITUTING THE WORD 'STATE TAX OFFICER' INSTEAD OF 'SALES TAX OFFICER' AS PER ORDER DATED 10.10.2019 IN IA.1/2019.)
R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P. (C) No. 26750 of 2019
J U D G M E N T
The petitioner is a contractor. He has executed satisfactorily a civil work of the Bharat Sanchar Nigam Ltd. (the BSNL) under the third respondent. The case of the petitioner is that the final payment due in respect of the work is not being effected. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.
The writ petition, in the circumstances, is disposed of directing the respondent concerned to effect the balance payment due to the petitioner in respect of the work referred to in the writ petition within three months from the date of receipt of a copy of
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this judgment, of which 50% shall be paid within 45 days from that
date.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE UDYOG AADHAAR REGISTRATION CERTIFICATE BEARING NO KL12D00094440 ISSUED BY MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES, GOVERNMENT OF INDIA, DATED 14.7.2014 EXHIBIT P2 TRUE COPY OF THE NSIC (NATIONAL SMALL INDUSTRIES CORPORATION) LICENCE ISSUED BY GOVERNMENT OF INDIA DATED 3.3.2018 EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 17.8.2019 ISSUED BY THE PETITIONERS COUNSEL TO THE RESPONDENTS 1 TO 3 EXHIBIT P4 THE TRUE COPY OF THE POSTAL RECEIPTS INDICATING THE ISSUANCE OF NOTICE TO THE RESPONDENTS 1 TO 3 EXHIBIT P5 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT EVIDENCING RECEIPT OF THE NOTICE BY 2ND RESPONDENT EXHIBIT P6 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT EVIDENCING RECEIPT OF THE NOTICE BY 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 2.9.2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DEMANDING GST.
RESPONDENT'S/S EXHIBITS:
NIL
//TRUE COPY//
PA TO JUDGE
YKB
2 issues framed by the court
Whether the BSNL is bound to pay the admitted balance payment for a satisfactorily executed civil work.
Whether appropriate directions should be issued to effect the balance payment within a specified timeline.
NIJITH ASOKAN
BHARAT SANCHAR NIGAM LTD.
THE CHIEF GENERAL MANAGER, KERALA TELECOMMUNICATIONS
ASSISTANT GENERAL MANAGER, CFA-NWD 11
SALES TAX OFFICER, THIRUVANANTHAPURAM
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
