Disposed

Hesel Engineering Pvt. Ltd. v. Bharat Sanchar Nigam Ltd.

Kerala HC24 Sept 2020WP(C)/18990/2020

Case brief

AI extract

What is this about?

The court directed the respondent to consider the petitioner's representation regarding admitted dues of Rs.5.84 Crores, grant a hearing, and take expeditious steps for disbursement within four weeks.

What did the court decide?

Direction to the 1st respondent to consider the representation, allow the petitioner to be heard, and disburse admitted dues within four weeks.

Hesel Engineering Pvt. Ltd. Vs Bharat… — Contract and Commercial Disputes | Kerala HC (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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THURSDAY, THE 24TH DAY OF SEPTEMBER 2020 / 2ND ASWINA, 1942 WP(C).No.18990 OF 2020(W)

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PETITIONER:

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M/S. HESEL ENGINEERING PVT. LTD., IIND FLOOR, VILANGADAN ESTATE, MAMANGALAM, PALARIVATTOM, KOCHI - 25, REPRESENTED BY ITS MANAGING DIRECTOR, SRI. HENRY JACOB P.

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BY ADV. SRI. DR. GEORGE ABRAHAM

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RESPONDENTS:

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1 BHARAT SANCHAR NIGAM LTD., REPRESENTED BY CHIEF GENERAL MANAGER, KERALA TELECOM CIRCLE,

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P.M.G. JUNCTION, TRIVANDRUM - 695 033.

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2 DEPUTY GENERAL MANAGER, MOBILE SERVICES, R.T.T.C. COMPLEX, KAIMANAM, TRIVANDRUM - 695 040.

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3 PRINCIPAL GENERAL MANAGER, BHARAT SANCHAR NIGAM LTD., BSNL BHAVAN, UPPALAM ROAD, STATUE, TRIVANDRUM - 695 001.

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4 PRINCIPAL GENERAL MANAGER, BHARAT SANCHAR NIGAM LTD., SANCHAR BHAVAN, TUDA ROAD, KOVILAKATHUMPADAM, TRICHUR - 680 022.

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5 DEPUTY GENERAL MANAGER, (FINANCE), BHARAT SANCHAR NIGAM LTD., SANCHAR BHAVAN, TUDA ROAD, KOVILAKATHUMPADAM, TRICHUR - 680 022.

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6 DEPUTY GENERAL MANAGER (FINANCE), BHARAT SANCHAR NIGAM LTD., BSNL BHAVAN, UPPALAM ROAD, STATUE, TRIVANDRUM - 695 001.

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WP(C).No.18990 OF 2020

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7 ASSISTANT GENERAL MANAGER (PLG.II), BHARAT SANCHAR NIGAM LTD., SANCHAR BHAVAN, TUDA ROAD, KOVILAKATHUMPADAM, TRICHUR - 22.

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8 ASSISTANT GENERAL MANAGER (MOBILE PLG.), BHARATH SANCHAR NIGAM LTD., BSNL BHAVAN, TELECOM DISTRICT, TRIVANDRUM - 695 001.

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SRI. MATHEWS .K. PHILIP, SC, BSNL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.18990 OF 2020

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JUDGMENT

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Dated this the 24th day of September 2020

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The petitioner is a Private Limited Company which is awarded work by the respondents based on E-tender invited to provide service for infrastructural maintenance. It is stated that the petitioner has been doing the work on the basis of agreement executed and final acceptance letters. According to petitioner a sum of Rs.5.84 Crores is due from the respondents as on 08.09.2020 and pointing out that the labourers had to be made payment apart from the statutory payments to be made from time to time. The petitioner has submitted Ext.P13 representation before the Chief General Manager, B.S.N.L.

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I heard the learned Standing Counsel also.

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As the representation is stated to have been

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pending before the Chief General Manager, there shall be a direction to the 1^st respondent to consider the same and

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WP(C).No.18990 OF 2020

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pass orders, after affording an opportunity of being heard to the petitioner, within a period of four weeks and to take

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expeditious steps for disbursement of the admitted dues to the petitioner.

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Accordingly, the writ petition is disposed of.

Sd/-

P.V.ASHA JUDGE

SPR

WP(C).No.18990 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 BID DOCUMENT ISSUED BY THE 4TH RESPONDENT.
EXHIBIT	P2 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE 4TH RESPONDENT AND THE PETITIONER DATED 01.04.2019.
EXHIBIT	P3 TRUE COPY OF THE AGREEMENT DATED 01.04.2019 PERTAINING TO ZONE-1.
EXHIBIT	P4 TRUE COPY OF THE AGREEMENT DATED 01.04.2019.
EXHIBIT	P5 TRUE COPY OF THE FINAL ACCEPTANCE LETTER WITH RESPECT TO ZONE-1 DATED 01.04.2019.
EXHIBIT	P6 TRUE COPY OF THE FINAL ACCEPTANCE LETTER DATED 01.04.2019 WITH RESPECT TO ZONE-2.
EXHIBIT	P7 TRUE COPY OF THE FINAL ACCEPTANCE LETTER DATED 01.04.2019 IN RESPECT OF ZONE-3.
EXHIBIT	P8 TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PARTIES ON 17.08.2016.
EXHIBIT	P9 TRUE COPY OF THE COMMUNICATION SENT TO THE CHAIRMAN AND MANAGING DIRECTOR DATED 26.08.2019.
EXHIBIT	P10 TRUE COPY OF THE COMMUNICATION ISSUED BY THE DEPUTY GENERAL MANAGER, BHARAT
	SANCHAR NIGAM LTD., DATED 30.09.2019.

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WP(C).No.18990 OF 2020

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EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WPC NO.27581/19 DATED 26.08.2020. EXHIBIT P12 TRUE COPY OF THE STATEMENT SHOWING THE TOTAL OUTSTANDING FROM VARIOUS DIVISIONS UNDER THE RESPONDENT. EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 08.09.2020 ALONG THE TOTAL OUTSTANDING AMOUNTS TOWARDS THE PETITIONER. RESPONDENT'S/S EXHIBITS: NIL.

Hesel Engineering Pvt. Ltd. v. Bharat Sanchar Nigam Ltd.

Case brief

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Hesel Engineering Pvt. Ltd. v. Bharat Sanchar Nigam Ltd.

Case brief

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