Disposed

Bmt Constructions, v. Bharath Sanchar Nigam Limited

Kerala HC14 Sept 2020WP(C)/17123/2020

Case brief

AI extract

What is this about?

The High Court of Kerala directed Bharath Sanchar Nigam Limited to pay the admitted amount due to the petitioner contractor within six months from the receipt of the court judgment, regarding delayed payment of bills for completed works under a public tender.

What did the court decide?

Directed the respondents to release the payment of the admitted amount due to the petitioner towards bills Ext.P2 to P20 within six months from the date of receipt of this judgment.

Bmt Constructions, Vs Bharath Sanchar Nigam Limited — Service and Employment | Kerala HC (2020)

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WP(C).No.17123 OF 2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 14TH DAY OF SEPTEMBER 2020 / 23RD BHADRA, 1942

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WP(C).No.17123 OF 2020(M)

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PETITIONER/S:

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BMT CONSTRUCTIONS, 12/80B, MALIKAYIL BUILDING, MANTHADI, KIDANGOOR SOUTH P.O., KOTTAYAM-686583, REPRESENTED BY ITS AUTHORISED SIGNATORY, BIBY T.S.

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BY ADV. SRI.BINOY VASUDEVAN

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RESPONDENT/S:

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1 BHARATH SANCHAR NIGAM LIMITED, (GOVERNMENT OF INDIA UNDERTAKING), REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, BSNL CORPORATE OFFICE, HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI-110001.

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2 THE CHIEF GENERAL MANAGER, BHARATH SANCHAR NIGAM LIMITED, PMG JUNCTION, THIRUVANANTHAPURAM-695001.

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3 THE PRINCIPAL GENERAL MANAGER, BHARATH SANCHAR NIGAM LIMITED, OFFICE OF THE PRINCIPAL GENERAL MANAGER, BSNL, TELECOM DISTRICT, THRISSUR-680022. 4 THE DEPUTY GENERAL MANAGER (CP), BHARATH SANCHAR NIGAM LIMITED, OFFICE OF THE PRINCIPAL GENERAL MANAGER, BSNL, TELECOM DISTRICT, THRISSUR-680022.

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SRI.MATHEWS K.PHILIP, SC, BSNL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.17123 OF 2020

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JUDGMENT

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Dated this the 14^th day of September 2020

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The petitioner is a contractor who has completed the work awarded to him on the basis of the public tender invited by the respondents. He is aggrieved by the delay in payment of the bills. According to the petitioner payment is due towards Ext.P2 to Ext.P21 bills.

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Heard learned Standing Counsel for the respondents also. Learned counsel for the petitioner submits that this Court had been issuing directions to the respondents to make the payment within a period of six months. Therefore, this Writ Petition is also disposed of, directing the respondents to release the payment of admitted amount due to the petitioner towards Exts.P2 to P20 bills within a period of six months from the date of receipt of a copy of the judgment.

Sd/-

P.V.ASHA

JUDGE

rkc

WP(C).No.17123 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 22/10/2019 IN WPC NO.25353/2019. EXHIBIT P2 TRUE COPY OF THE INVOICE NO. 22 SUBMITTED BY THE PETITIONER DATED 26/02/2019 WITH RESPECT TO THE WORK IN KORATTY EXCHANGE AREA. EXHIBIT P3 TRUE COPY OF THE INVOICE NO. 23SUBMITTED BY THE PETITIONER DATED 30/04/2019 WITH RESPECT TO THE WORK IN PARIYARAM EXCHANGE AREA. EXHIBIT P4 TRUE COPY OF THE INVOICE NO. 24 SUBMITTED BY THE PETITIONER DATED 30/04/2019 WITH RESPECT TO THE WORK AT VETTILAPARA EXCHANGE AREA. EXHIBIT P5 TRUE COPY OF THE INVOICE NO.25 SUBMITTED BY THE PETITIONER DATED 30/04/2019 WITH RESPECT TO THE UNDERGROUND CABLE CONSTRUCTION WORK AT IRINGALAKKUDA EXCHANGE AREA. EXHIBIT P6 TRUE COPY OF THE INVOICE NO. 26 SUBMITTED BY THE PETITIONER DATED 30/04/2019 WITH RESPECT TO THE WORK AT MOORKKANADU EXCHANGE AREA. EXHIBIT P7 TRUE COPY OF THE INVOICE NO. 27 SUBMITTED BY THE PETITIONER DATED 06/05/2019 WITH RESPECT TO THE WORK AT CHALAKKUDY EXCHANGE AREA. EXHIBIT P8 TRUE COPY OF THE INVOICE NO. 27A SUBMITTED BY THE PETITIONER DATED 06/05/2019 WITH RESPECT TO THE WORK AT CHALAKKUDY EXCHANGE AREA. EXHIBIT P9 TRUE COPY OF THE INVOICE NO. 28 SUBMITTED BY THE PETITIONER DATED 06/05/2019 WITH RESPECT TO THE WORK AT VELLANGALLUR EXCHANGE AREA ON 06.05.2019. EXHIBIT P10 TRUE COPY OF THE INVOICE NO. 29 SUBMITTED BY THE PETITIONER DATED 06/05/2019 WITH

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WP(C).No.17123 OF 2020

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RESPECT TO THE WORK AT KATTOOR EXCHANGE AREA.

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EXHIBIT P11	TRUE COPY OF THE INVOICE NO. 30 SUBMITTED BY THE PETITIONER DATED 30/04/2019 WITH RESPECT TO THE WORK AT MOORKKANADU EXCHANGE AREA.
EXHIBIT P12	TRUE COPY OF THE INVOICE NO. 31 SUBMITTED BY THE PETITIONER DATED 26/02/2019 WITH RESPECT TO THE WORK AT KATTUR EXCHANGE AREA.
EXHIBIT P13	TRUE COPY OF THE INVOICE NO. 32A SUBMITTED BY THE PETITIONER DATED 06/11/2019 WITH RESPECT TO THE WORK AT KORATTY EXCHANGE AREA.
EXHIBIT P14	TRUE COPY OF THE INVOICE NO. 47 SUBMITTED BY THE PETITIONER DATED 08/11/2019 WITH RESPECT TO THE WORK AT ENGANDIYOOR EXCHANGE AREA.
EXHIBIT P15	TRUE COPY OF THE INVOICE NO. 48 SUBMITTED BY THE PETITIONER DATED 21/10/2019 WITH RESPECT TO THE WORK AT PERINJANAM EXCHANGE AREA.
EXHIBIT P16	TRUE COPY OF THE INVOICE NO. 49 SUBMITTED BY THE PETITIONER DATED 21/10/2019 WITH RESPECT TO THE WORK AT KODUNGALLUR EXCHANGE AREA.
EXHIBIT P17	TRUE COPY OF THE INVOICE NO. 50 SUBMITTED BY THE PETITIONER DATED 21/10/2019 WITH RESPECT TO THE WORK AT S.N. PURAM EXCHANGE AREA.
EXHIBIT P18	TRUE COPY OF THE INVOICE NO. 54 SUBMITTED BY THE PETITIONER DATED 27/09/2019 WITH RESPECT TO THE WORK AT VELLIKULANGARA EXCHANGE AREA.
EXHIBIT P19	TRUE COPY OF THE INVOICE NO. 53 SUBMITTED BY THE PETITIONER DATED 27/09/2019 WITH RESPECT TO THE WORK AT VELLIKULANGARA EXCHANGE AREA.
EXHIBIT P20	TRUE COPY OF THE INVOICE NO. 52 SUBMITTED BY THE PETITIONER DATED 15/09/2019 WITH

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WP(C).No.17123 OF 2020

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RESPECT TO THE WORK AT KODAKARA EXCHANGE AREA.

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EXHIBIT P21 TRUE COPY OF THE INVOICE NO. 55 SUBMITTED BY THE PETITIONER DATED 06/11/2019 WITH RESPECT TO THE WORK AT KATTUR EXCHANGE AREA. EXHIBIT P22 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH COPY TO THE 2ND AND 3RD RESPONDENTS DATED 01/06/2020.

Bmt Constructions, v. Bharath Sanchar Nigam Limited

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Bmt Constructions, v. Bharath Sanchar Nigam Limited

Case brief

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