Disposed

Fakrudheen Ali Ahammed U v. the Chairman and Managing Director

Kerala HC11 Dec 2019WP(C)/30507/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition where a contractor challenged non-payment for satisfactorily executed cable work. The Court directed Bharat Sanchar Nigam Limited to pay the admitted balance amount within three months, with 50% due in 45 days.

What did the court decide?

Directed the concerned respondent to effect the balance payment within three months, with 50% payable within 45 days of receipt of the judgment copy.

Fakrudheen Ali Ahammed U Vs the Chairman and… — Contract and Commercial Disputes | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941

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WP(C).No.30507 OF 2019(K)

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PETITIONER:

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FAKRUDHEEN ALI AHAMMED U, UMMATHUR HOUSE, KAVUNGAL, UPHILL P. O., MALAPPURAM (DIST), PIN - 676505., KERALA.

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BY ADVS. SRI.V.K.PRASAD SRI.M.PRAVEESH

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RESPONDENTS:

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1 THE CHAIRMAN AND MANAGING DIRECTOR BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, 8TH FLOOR, BHARAT SANCHAR NIGAM LIMITED BHAVAN, NEW DELHI - 110 001.

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2 THE BHARAT SANCHAR NIGAM LIMITED, (A GOVERNMENT OF INDIA ENTERPRISE), REPRESENTED BY CHIEF GENERAL MANAGER, KERALA CIRCLE, THIRUVANANTHAPURAM - 695 001.

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3 GENERAL MANAGER, BHARAT SANCHAR NIGAM LIMITED, TELECOM, DPO ROAD, MALAPPURAM - 676 505.

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4 DIVISIONAL ENGINEER, TRANSMISSION, MALAPPURAM TELECOMMUNICATIONS, TELEPHONE EXCHANGE, VELLUVAMBRAM, MALAPPURAM - 676505.

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W.P. (C) No. 30507 of 2019

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5 ASSISTANT GENERAL MANAGER, BHARAT SANCHAR NIGAM LIMITED, TELECOM, DPO ROAD, MALAPPURAM - 676 505.

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R1-5 BY ADV. SRI.MATHEWS K.PHILIP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P. (C) No. 30507 of 2019

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W.P. (C) No.30507 of 2019

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J U D G M E N T

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The petitioner is a contractor. He has executed satisfactorily a cable lying work of the Bharat Sanchar Nigam Ltd. (BSNL) under respondents 3 to 5. 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.

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Heard the learned counsel for the petitioner as also the learned Standing Counsel for the BSNL.

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The fact that the work referred to in the writ petition has been executed satisfactorily by the petitioner is not in dispute. If that be so, BSNL is bound to effect the admitted balance payment due to the petitioner.

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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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W.P. (C) No. 30507 of 2019

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this judgment, of which 50% shall be paid within 45 days from that

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date.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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YKB

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W.P. (C) No. 30507 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE WORK ORDER DATED 8.8.2016 ISSUED TO THE PETITIONER BY 4TH RESPONDENT DIVISIONAL ENGINEER.

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EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 8.8.2019 SENT BY PETITIONER TO THE 3RD RESPONDENT

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EXHIBIT P3 A TRUE COPY OF STATEMENT OF PENDING BILLS DATED 16.8.2019 FOR TOTAL AMOUNT OF RS. 168109.79/ (RUPEES ONE LAKH SIXTY EIGHT THOUSAND ONE HUNDRED AND NINE AND SEVENTY NINE PAISE) ISSUED UNDER TWO BILL NUMBERS BY 5TH RESPONDENT.

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EXHIBIT P4 A TRUE COPY OF THE NOTICE DATED 26.8.2019 ISSUED BY ORIENTAL BANK OF COMMERCE (MALAPPURAM BRANCH) TO THE PETITIONER TO RECOVER THE OVERDUE AMOUNT ALONG WITH PENALTY OF 2% ON THE UNPAID AMOUNT.

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EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) 21640/2019 DATED 26.8.2019.

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RESPONDENT'S/S EXHIBITS:

NIL

//TRUE COPY//

PA TO JUDGE

YKB

Fakrudheen Ali Ahammed U v. the Chairman and Managing Director

Case brief

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Fakrudheen Ali Ahammed U v. the Chairman and Managing Director

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