Disposed

Sabari Construction, v. Bharath Samchar Nigam Ltd.

Kerala HC23 Oct 2020WP(C)/3843/2020

Case brief

AI extract

What is this about?

The Kerala High Court disposed of a writ petition filed by a construction contractor seeking payment of pending bills. The court directed respondents to pay the admitted amount within six months and ordered the petitioner to resume work.

What did the court decide?

Respondents directed to pay admitted amount towards pending bills within six months of receipt of judgment copy; petitioner directed to continue work.

Sabari Construction, Vs Bharath Samchar… — 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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FRIDAY, THE 23RD DAY OF OCTOBER 2020 / 1ST KARTHIKA, 1942

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WP(C).No.3843 OF 2020(E)

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PETITIONER:

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SABARI CONSTRUCTION, REPRESENTED BY ITS PROPRIETOR, G.VASUDEVAN PILLAI, SANTHA BUILDING, MUTHUKULAM SOUTH P.O., ALAPPUZHA - 690 506.

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BY ADVS. SRI.RAGHUL SUDHEESH SMT.J.LAKSHMI

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RESPONDENTS:

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1 BHARATH SAMCHAR NIGAM LTD., REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, BHARATH SANCHAR BHAVAN, HAREESH CHANDRA MATHUR LANE, JANPATH, NEW DELHI - 110 001.

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2 THE CHIEF GENERAL MANAGER, SOUTHERN TELECOM PROJECT, BSNL, BSNL BHAVAN, 25 GREEWAYS LANE, RAJA ANNAMALAIPURAM, CHENNAI, TAMILNADU - 600 028.

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3 THE PRINCIPAL GENERAL MANAGER, TRANSMISSION PROJECTS BSNL, SOUTHERN TELECOM PROJECT, THALLAKALAM, MADURAI, TAMILNADU - 625 002.

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4 THE DEPUTY GENERAL MANAGER, SOUTHERN TELECOM PROJECT BSNL, C.T.S.D.COMPLEX, GANDHINAGAR P.O.,

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ERNAKULAM - 682 020.

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5 THE DIVISIONAL ENGINEER, TRANSMISSION PROJECTS, BSNL, PONGUMMOD P.O., THIRUVANANTHAPURAM - 695 001.

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W.P.(C) No.3843/2020

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6 SUPERINTENDENT, KAYAMKULAM RANGE, KAYAMKULAM RANGE, CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS, CENTRAL EXCISE AND CUSTOMS COMMISSIONERATE, ICE BHAVAN, PRESS CLUB ROAD, THIRUVANANTHAPURAM - 695 001. (DELETED) (RESPONDENT 6 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 11/02/2020 IN WPC NO.3843/2020)

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R5 BY SRI.MATHEWS K.PHILIP, SC, BSNL

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SRI.SREELAL.N.WARRIER,SC,CUSTOMS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.3843/2020

JUDGMENT

Dated this the 23rd day of October 2020

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The petitioner is a contractor who has entered into Exhibits P1 to P6 agreements with the BSNL for carrying out various works. It is stated that Exhibits P9 to P15 bills were submitted before the respondent BSNL and those bills are pending.

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The learned Standing Counsel has filed a counter affidavit. The work carried out by the petitioner and the agreement executed are admitted. It is stated that the works are on going on the basis of the contract entered into by the petitioner and the BSNL and at present the petitioner is not carrying out the work.

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The Writ Petition is, therefore, disposed of directing the respondents to see that the admitted amount is paid to the petitioner towards the bills within a period of six months from the date of receipt of a copy of this judgment. The petitioner shall continue to carry out the work.

Sd/-

P.V.ASHA, JUDGE

csl

W.P.(C) No.3843/2020

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE CHAIRMAN AND MANAGING DIRECTOR, BSNL FOR WORKS IN SECTION NO.TVM 02/16, ALAPPUZHA T/E TO KAYAMKULAM T/E OF ROUTE DATED 10/11/2017.
EXHIBIT P2	TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE CHAIRMAN AND MANAGING DIRECTOR, BSNL FOR WORKS SECTION NO.TVM 03/16 IN ALAPPUZHA T/E TO KAYAMKULAM T/E OF ROUTE DATED 10/11/2017.
EXHIBIT P3	TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE CHAIRMAN AND MANAGING DIRECTOR, BSNL FOR WORKS IN SECTION NO.TVM LT 01/17,ALAPPUZHA TO KAYAMKULAM ROUTE DATED 17/04/2017.
EXHIBIT P4	TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE CHAIRMAN AND MANAGING DIRECTOR, BSNL FOR WORKS IN SECTION NO.TVM 04/16 IN ALAPPUZHA T/E TO KAYAMKULAM T/E OF ROUTE DATED 10/11/2017.
EXHIBIT P5	TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE CHAIRMAN AND MANAGING DIRECTOR, BSNL FOR WORKS IN SECTION NO.TVM 01/16 ALAPPUZHA T/E TO KAYAMKULAM T/E OF ROUTE DATED 16/05/2018.
EXHIBIT P6	TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE CHAIRMAN AND MANAGING DIRECTOR, BSNL FOR WORKS IN SECTION NO.TVM 2A/16 IN ALAPPUZHA T/E TO KAYAMKULAM T/E OF ROUTE DATED 21/05/2018.
EXHIBIT P7	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 06/01/2020.

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W.P.(C) No.3843/2020

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EXHIBIT	P8 TABLE CONTAINING DETAILS OF BILLS DUE TO THE PETITIONER.
EXHIBIT	P9 TRUE COPY OF THE INVOICE NO.SC/BSNL/TVM/18-19/55 DATED 17/12/2018.
EXHIBIT	P10 TRUE COPY OF THE INVOICE NO.SC/BSNL/TVM/18-19/69
EXHIBIT	P11 TRUE COPY OF THE INVOICE NO.SC/BSNL/TVM/18-19/70
EXHIBIT	P12 TRUE COPY OF THE INVOICE NO.SC/BSNL/TVM/19-20/10 DATED 17/06/2019.
EXHIBIT	P13 TRUE COPY OF THE INVOICE NO.SC/BSNL/TVM/19-20/11 DATED 17/06/2019.
EXHIBIT	P14 TRUE COPY OF THE INVOICE NO.SC/BSNL/TVM/19-20/12 DATED 17/06/2019.
EXHIBIT	P15 TRUE COPY OF THE INVOICE NO.SC/BSNL/TVM/19-20/16
EXHIBIT	P16 TRUE COPY OF THE NOTICE ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER DATED 25/11/2019.

Sabari Construction, v. Bharath Samchar Nigam Ltd.

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Sabari Construction, v. Bharath Samchar Nigam Ltd.

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