Partly allowed

Nadesh Kumar.O.K, v. the General Manager

Kerala HC9 Mar 2020WP(C)/652/2020

Case brief

AI extract

What is this about?

Batch of writ petitions by contractors seeking payment of admitted amounts due from BSNL for contract works. The court held that writ jurisdiction under Article 226 is not barred for admitted liabilities, rejected the MSMED Act bar and Partnership Act objection, and directed payment of admitted amounts within six months, leaving disputed claims to civil courts.

What did the court decide?

Directions to respondents to pay admitted amounts due to petitioners within six months; in some cases, to consider representations; in cases involving external agencies, to enter tripartite agreement

Nadesh Kumar.O.K, Vs the General Manager — Contract and Commercial Disputes | Kerala HC (2020)

¶1

W.P.(C).Nos.35597/19 & con.cases

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶6

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶7

WP(C).No.35597 OF 2019(Y)

¶8

PETITIONERS:

¶9

M/S.TECHNO ENGINEERING CORPORATION, C/3102, INTERNATIONAL STADIUM, KALOOR, KOCHI682017, REPRESENTED BY ITS MANAGING PARTNER, SRI.V.R.NAIR, AGED 76 YEARS, SON OF LATE MR.A.K.VASUDEVAN NAIR.

¶10

BY ADVS. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.ANILA PETER SRI.C.PRABIN BENNY SRI.S.SUDHEESH

¶11

RESPONDENT/S:

¶12

1 THE EXECUTIVE ENGINEER(E), BSNL ELECTRICAL DIVISION, 4TH FLOOR, CTO BUILDING, KARAKKATTU ROAD, ERNAKULAM-682016.

¶13

2 THE EXECUTIVE ENGINEER (E), BSNL ELECTRICAL DIVISION, 4TH FLOOR, SANCHAR BHAVAN, KOVILAKATHUMPADAM, TUDA ROAD, TRICHUR680022.

¶14

3 THE EXECUTIVE ENGINEER (E), BSNL ELECTRICAL DIVISION, 3RD FLOOR BSNL BHAVAN, SOUTH BAZAR, KANNUR-670002.

¶15

W.P.(C).Nos.35597/19 & con.cases

¶16

¶17

4 SUB DIVISIONAL ENGINEER (E), BSNL ELECTRICAL SUB DIVISION, 2ND FLOOR TELEPHONE BHAVAN, ALAPPUZHA - 688011.

¶18

R1-4 BY SRI.MATHEWS K.PHILIP, SC, BSNL

¶19

OTHER PRESENT:

¶20

SR. ADV. SRI. R.D. AGRAWALA FOR BSNL AND GP. SMT. B.VINITHA AND SMT. PRINCY XAVIER

¶21

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).27660/2019(F) AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶22

W.P.(C).Nos.35597/19 & con.cases

¶23

¶24

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶25

PRESENT

¶26

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶27

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶28

WP(C).No.27660 OF 2019(F)

¶29

PETITIONERS:

¶30

ALLIES FIRE SYSTEMS PVT. LTD. FIRST FLOOR, CITY SCAPE BUILDING, NR. POLICE STATION, SOUTH KALAMASSERY, CHANGAMPUZHA NAGAR P.O, ERNAKULAM 682 033 REPRESENTED BY ITS DIRECTOR, MR. THOMAS MANI

¶31

BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE

¶32

RESPONDENTS:

¶33

1 UNION OF INDIA REPRESENTED BY THE SECRETARYMINISTRY OF COMMUNICATIONS, SANCHAR BHAWAN 20, ASHOKA ROAD, NEW DELHI 110 001 REPRESENTED BY THE SECRETARY

¶34

2 BHARAT SANCHAR NIGAM LTD, BHARAT SANCHAR BHAVAN, HARISH CHANDRA MATHUR LANE, JANPATH , NEW DELHI 110 001 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR

¶35

W.P.(C).Nos.35597/19 & con.cases

¶36

¶37

3 EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER (E) BSNL ELECTRICAL DIVISION, 4TH FLOOR, CTO BLDG. KARAKKATTU ROAD, ERNAKULAM 682 036

¶38

4 SUPERINTENDING ENGINEER (E) OFFICE OF THE CHIEF ENGINEER(E)BSNL KERALA ELECTRICAL ZONE, ADMN. BUILDING, TELEPHONE EXCHANGE COMPOUND, MANACAUD, THIRUVANANTHAPURAM 695 009

¶39

5 SUB DIVISIONAL ENGINEER (E) O/O THE SUB DIVISIONAL ENGINEER, BSNL ELECTRICAL SUB DIVISION, NR. IRON BRIDGE, ALAPPUZHA 688 001

¶40

6 ADDL.R6.NATIONAL HEALTH MISSION DIRECTORATE OF HEALTH SERVICES COMPOUND, THIRUVANANTHAPURAM-695035 REPRESENTED BY ITS STATE MISSION DIRECTOR MR.KESHVENDRA KUMA IAS.

¶41

7 ADDL.R7.CHIEF ENGINEER BSNL KERALA CIVIL ZONE, 1ST FLOOR, ADMINISTRATIVE BUILDING, MANACAUD, THIRUVANANTHAPURAM-695009.

¶42

R1 BY SRI.RAJAGOPALAN.A., CGC R2-5 BY SRI.MATHEWS K.PHILIP,SC, BSNL R6 BY SRI.M.AJAY, SC, NATIONAL HEALTH MISSION

¶43

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶44

W.P.(C).Nos.35597/19 & con.cases

¶45

¶46

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶47

PRESENT

¶48

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶49

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶50

WP(C).No.30701 OF 2019(K)

¶51

PETITIONER:

¶52

LAIQUE P.P S/O.P.P MUHAMMED, AGED 50 YEARS, BSNL CONTRACTOR, PUTHUKAYIL PUTHIYA MALIYEKKAL HOUSE, B.P. ANGADI P.O. TIRUR TALUK, MALAPPURAM DISTRICT.

¶53

BY ADV. SRI.C.M.MOHAMMED IQUABAL

¶54

RESPONDENTS:

¶55

1 BHARAT SANCHAR NIGAM LIMITED(GOVERNMENT OF INDIA UNDERTAKING) REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, BSNL CORPORATE OFFICE, HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI 110 001.

¶56

2 THE CHIEF GENERAL MANAGER, BHARATH SANCHAR NIGAM LIMITED, PMG JUNCTION, THIRUVANANTHAPURAM 695 001.

¶57

3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER (C),BSNL CIVIL DIVISION E-11, THAZHETHANGADI (PO), KOTTAYAM 686 005.

¶58

R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶59

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶60

W.P.(C).Nos.35597/19 & con.cases

¶61

¶62

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶63

PRESENT

¶64

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶65

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶66

WP(C).No.30826 OF 2019(C)

¶67

PETITIONER:

¶68

K.S.HARIKUMAR AGED 51 YEARS SUBHASREE, NEELESWARAM P.O, KOTTARAKKARA, KOLLAM- 691 506

¶69

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

¶70

RESPONDENTS:

¶71

1 BHARAT SANCHAR NIGAM LTD BHARATH SANCHAR BHAVAN, HAREESH CHANDRA MATHUR LANE , JANPATH , NEW DELHI- 110001, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR .

¶72

2 THE CHIEF GENERAL MANAGER BSNL KERALA CIRCLE, PMG JUNCTION , VIKAS BHAVAN P.O, THIRUVANANTHAPURAM - 695 033

¶73

3 THE CHIEF ENGINEER(C) BSNL KERALA CIVIL ZONE, FIRST FLOOR , ADMINISTRATIVE BUILDING , YAMUNA NAGAR, MANACAUD, THIRUVANANTHAPURAM - 695 009

¶74

4 THE SUPERINTENDING ENGINEER (C) FIRST FLOOR , ADMINISTRATIVE BUILDING , YAMUNA NAGAR, MANACAUD, THIRUVANANTHAPURAM - 695 009

¶75

W.P.(C).Nos.35597/19 & con.cases

¶76

¶77

5 THE GENERAL MANAGER KOLLAM , BSNL BHAVAN, VELLAYITTAMBALAM , THIRUMULLAVARAM PO, KOLLAM- 691 012

¶78

R1-5 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶79

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶80

W.P.(C).Nos.35597/19 & con.cases

¶81

¶82

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶83

PRESENT

¶84

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶85

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶86

WP(C).No.31181 OF 2019(W)

¶87

PETITIONER:

¶88

REGI ENGINEERING WORKS NEAR PANJAYATH OFFICE, THIRUVALLA ROAD, MALLAPPALLY P.O, PATHANAMTHITTA DISTRICT-689 585, REPRESENTED BY ITS PROPRIETOR, REGI VARUGHESE, RESIDING AT LANKAGRI HOUSE, PARUMTHURUTHI P.O, THIRUVALLA.

¶89

BY ADVS. SMT.SINDHU SANTHALINGAM SRI.A.D.SHAJAN

¶90

RESPONDENTS:

¶91

1 UNION OF INDIA SECRETARY TO GOVERNMENT, TELECOM DEPARTMENT, NEW DELHI-110 003

¶92

2 BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, NEW DELHI-110 001, REPRESENTED BY ITS SECRETARY.

¶93

3 CHIEF GENERAL MANAGER, O/O. OF THE CHIEF GENERAL MANAGER, TELECOM KERALA CIRCLE, THIRUVANANTHAPURAM-695 033

¶94

4 CHIEF ENGINEER (E) O/O. OF THE CHIEF ENGINEER (E) KERALA ELECTRICAL ZONE, BSNL, 1ST FLOOR, ADMN. BUILDING, TELEPHONE EXCHANGE COMPOUND, MANACAUD, THIRUVANANTHAPURAM-695 009

¶95

W.P.(C).Nos.35597/19 & con.cases

¶96

¶97

5 EXECUTIVE ENGINEER (E-P) O/O. OF CHIEF ENGINEER(E), KERALA ELECTRICAL ZONE, BSNL, 1ST FLOOR, ADMN. BUILDING, TELEPHONE EXCHANGE COMPOUND, MANACAUD, THIRUVANANTHAPURAM-695 009

¶98

R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R2-5 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶99

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶100

W.P.(C).Nos.35597/19 & con.cases

¶101

¶102

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶103

PRESENT

¶104

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶105

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶106

WP(C).No.31202 OF 2019(A)

¶107

PETITIONER:

¶108

LAIQUE.P.P AGED 50 YEARS S/O.P.P.MUHAMMED, BSNL CONTRACTOR, PUTHUKAYIL PUTHIYA MALIYEKKAL HOUSE, B.P.ANGADI.P.O., TIRUR TALUK, MALAPPURAM DISTRICT

¶109

BY ADV. SRI.C.M.MOHAMMED IQUABAL

¶110

RESPONDENTS:

¶111

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

¶112

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

¶113

3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER(CIVIL), BSNL CIVIL DIVISION, 1ST FLOOR, COAXIALSTAFF QUARTERS, EAST HILL, WEST HILL.P.O., CALICUT, PIN-673005

¶114

R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶115

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶116

W.P.(C).Nos.35597/19 & con.cases

¶117

¶118

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶119

PRESENT

¶120

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶121

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶122

WP(C).No.31220 OF 2019(B)

¶123

PETITIONERS:

¶124

AIR COOL MAKERS, NANDANAM M L ROAD, KOTTAYAM, REP. BY ITS PROPRIETOR, SHRI. MONIE MATHAI, AGED 49, S/O. K.M. MATHAI, RESIDING AT RAJA VILLA, NEAR PALLIPURATHKAVU TEMPLE, KOTTAYAM-686 013

¶125

BY ADVS. SMT.SINDHU SANTHALINGAM SRI.A.D.SHAJAN

¶126

RESPONDENTS:

¶127

1 UNION OF INDIA SECRETARY TO GOVERNMENT, TELECOM DEPARTMENT, NEW DELHI-110003.

¶128

2 BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, NEW DELHI-110 003, REPRESENTED BY ITS SECRETARY.

¶129

3 CHIEF GENERAL MANAGER, O/O. THE CHIEF GENERAL MANAGER, TELECOM KERALA CIRCLE, THIRUVANANTHAPURAM-695 033.

¶130

4 CHIEF ENGINEER (E) O/O. THE CHIEF ENGINEER (E), KERALA ELECTRICAL ZONE, BSNL, 1ST FLOOR, ADMN. BUILDING, TELEPHONE EXCHANGE COMPOUND, MANACAUD, THIRUVANANTHAPURAM-695 009

¶131

W.P.(C).Nos.35597/19 & con.cases

¶132

¶133

5 EXECUTIVE ENGINEER (E-P) O/O. THE CHIEF ENGINEER (E), KERALA ELECTRICAL ZONE, BSNL, 1ST FLOOR, ADMN. BUILDING, TELEPHONE EXCHANGE COMPOUND, MANACAUD, THIRUVANANTHAPURAM-695 009

¶134

R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R2-5 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶135

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶136

W.P.(C).Nos.35597/19 & con.cases

¶137

¶138

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶139

PRESENT

¶140

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶141

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶142

WP(C).No.31225 OF 2019(C)

¶143

PETITIONER:

¶144

LAIQUE.P.P AGED 50 YEARS S/O.P.P.MUHAMMED, BSNL CONTRACTOR, PUTHUKAYIL PUTHIYA MALIYEKKAL HOUSE, B.P.ANGADI P.O., TIRUR TALUK, MALAPPURAM DISTRICT.

¶145

BY ADV. SRI.C.M.MOHAMMED IQUABAL

¶146

RESPONDENTS:

¶147

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.

¶148

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

¶149

3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER (C), BSNL CIVIL DIVISION NO-II, ERNAKULAM, PIN-682016.

¶150

R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶151

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶152

W.P.(C).Nos.35597/19 & con.cases

¶153

¶154

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶155

PRESENT

¶156

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶157

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶158

WP(C).No.31714 OF 2019(L)

¶159

PETITIONER:

¶160

ALI AND ASSOCIATES 19/503, MOOLEPPADAM ROAD, KALAMASSERY, ERNAKULAM, PIN-683104-REPRESENTED BY ITS MANAGING PARTNER MR. MUHAMMED ALI, S/O. P.K. ALIKUTTY, AGED 57 YEARS, KALLIDUM HOUSE, MOOLEPADAM ROAD, KALAMASERRY, ERNAKULAM DISTRICT, PIN-683 104.

¶161

BY ADVS. SRI.PRAMOJ ABRAHAM SRI.K.A.ANISH

¶162

RESPONDENTS:

¶163

1 BHARAT SANCHAR NIGAM LTD. (GOVERNMENT OF INDIA UNDERTAKING), REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, BSNL CORPORATE OFFICE, HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI-110 001.

¶164

2 THE CHIEF GENERAL MANAGER BSNL, KERALA TELECOMMUNICATIONS CIRCLE OFFICE, PMG JUNCTION, VIKAS BHAVAN POST, THIRUVANANTHAPURAM-695 033.

¶165

3 CHIEF ENGINEER-CIVIL BSNL, KERALA CIVIL ZONE, TELEPHONE EXCHANGE BUILDING, MANACAUD, THIRUVANANTHAPURAM-605036.

¶166

R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶167

W.P.(C).Nos.35597/19 & con.cases

¶168

¶169

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶170

W.P.(C).Nos.35597/19 & con.cases

¶171

¶172

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶173

PRESENT

¶174

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶175

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶176

WP(C).No.31925 OF 2019(M)

¶177

PETITIONER:

¶178

SURESH KUMAR, AGED 46 YEARS S/O.G.KUTTAN PILLAI PROPRIETOR, SABARI ELECTRICALS AND ENGINEERING, CHEMPAZHANTHY.P.O., THIRUVANANTHAPURAM-695587

¶179

BY ADVS.

¶180

SRI.N.KRISHNA PRASAD SRI.IMAM GRIGORIOS KARAT SRI.DEEPAK VARUGHESE MATHEW SMT.GEETHU SUSAN VARGHESE

¶181

RESPONDENTS:

¶182

1 BHARATH SANCHAR NIGAM LTD, REPRESENTED BY ITS SECRETARY, SANCHAR BHAVAN, NEW DELHI-110001

¶183

2 THE CHIEF GENERAL MANAGER BSNL, KERALA CIRCLE, PATTOM, THIRUVANANTHAPURAM-695004

¶184

3 THE EXECUTIVE ENGINEER(E) BSNL, ELECTRICAL ZONE, KURIYATHI, MANACAUD POST, THIRUVANANTHAPURAM-695009

¶185

R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶186

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶187

W.P.(C).Nos.35597/19 & con.cases

¶188

¶189

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶190

PRESENT

¶191

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶192

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶193

WP(C).No.31948 OF 2019(P)

¶194

PETITIONER:

¶195

ANEESH R.S., AGED 39 YEARS SHEENA BHAVANAM, IRUMBANANGADU P.O., EZHUKONE, KOLLAM - 691 505.

¶196

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

¶197

RESPONDENTS:

¶198

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

¶199

2 THE CHIEF GENERAL MANAGER, BSNL KERALA CIRCLE, PMG JUNCTION, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033.

¶200

3 THE CHIEF ENGINEER (C), BSNL KERALA CIVIL ZONE, FIRST FLOOR, ADMINISTRATIVE BUILDING, YAMUNA NAGAR, MANACAUD, THIRUVANANTHAPURAM - 695 009.

¶201

4 THE SUPERINTENDING ENGINEER (C), FIRST FLOOR, ADMINISTRATIVE BUILDING, YAMUNA NAGAR, MANACAUD, THIRUVANANTHAPURAM - 695 009.

¶202

W.P.(C).Nos.35597/19 & con.cases

¶203

¶204

5 THE GENERAL MANAGER, KOLLAM, BSNL BHAVAN, VELLAYITTAMBALAM, THIRUMULLAVARAM P.O., KOLLAM - 691 012.

¶205

R1-5 BY SRI.MATHEWS K.PHILIP,SC, BSNL R1-5 BY ADV. SHRI.R.D.AGRAWALA

¶206

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶207

W.P.(C).Nos.35597/19 & con.cases

¶208

¶209

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶210

PRESENT

¶211

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶212

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶213

WP(C).No.32074 OF 2019(H)

¶214

PETITIONER:

¶215

SURESH KUMAR AGED 46 YEARS S/O.KUTTANPILLAI,PROPRIETOR,SABARI ELETRICALS AND ENGINEERING, CHEMPAZHANTHY P.O., THIRUVANANTHAPURAM-695 587

¶216

BY ADVS.

¶217

SRI.N.KRISHNA PRASAD SRI.IMAM GRIGORIOS KARAT SRI.DEEPAK VARUGHESE MATHEW SMT.GEETHU SUSAN VARGHESE

¶218

RESPONDENTS:

¶219

1 BHARATH SANCHAR NIGAM LTD., REPRESENTED BY ITS SECRETARY, SANCHAR BHAVAN, NEW DELHI-110 001

¶220

2 THE CHIEF GENERAL MANAGER, BSNL, KERALA CIRCLE, PATTOM, THIRUVANANTHAPURAM-695 004

¶221

3 THE EXECUTIVE ENGINEER(E), BSNL , ELECTRICAL ZONE, KURIYATHI, MANACAUD POST, THIRUVANANTHAPURAM-695 009

¶222

R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶223

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶224

W.P.(C).Nos.35597/19 & con.cases

¶225

¶226

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶227

PRESENT

¶228

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶229

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶230

WP(C).No.32159 OF 2019(T)

¶231

PETITIONER:

¶232

GENERAL ELECTRIC CORPORATION, OTTAPALAM SHOPPING COMPLEX, MAIN ROAD, OTTAPALAM, PALAKKAD-679 101, REP Y ITS PARTNER K. ABOOBAKKER SIDHIC.

¶233

BY ADV. SRI.H.RAMANAN

¶234

RESPONDENTS:

¶235

1 BHARAT SANCHAR NIGAM LTD. (BSNL), REG.OFFICE, BHARAT SANCHERI BHAVAN, HCM LANE, JANPATH, NEW DHLHI-110001, REP BY ITS CHAIRMAN AND MANAGING DIRECTOR.

¶236

2 CHIEF GENERAL MANAGER, OFFICE OF THE CHIEF GENERAL MANAGER, BSNL, PMG JUNCTION, THIRUVANANTHAPURAM-695 033.

¶237

3 THE CHIEF ENGINEER (E), BSNL KERALA ELECTRICAL ZONE, ADMINISTRATIVE BUILDING, TELEPHONE EXCHANGE COMPOUND, MANACAUD, THIRUVANANTHAPURAM-695 009.

¶238

4 DEPUTY GENERAL MANAGER (FINANCE), OFFICE OF THE CHIEF GENERAL MANAGER, BSNL, PMG JUNCTION, THIRUVANANTHAPURAM-695 033.

¶239

5 CHIEF ACCOUNTS OFFICER BILLS(ERP AND CSC), BSNL KERALA CIRCLE, THIRUVANANTHAPURAM-695 033.

¶240

W.P.(C).Nos.35597/19 & con.cases

¶241

¶242

6 EXECUTIVE ENGINEER (ELECTRICAL), BSNL ELECTRICAL DIVISION, 4TH FLOOR, CTO BUILDING, ERNAKULAM-682 016.

¶243

7 EXECUTIVE ENGINEER (E), BSNL ELECTRICAL DIVISION, 4TH FLOOR, SANCHAR BHAVAN, TUDA ROAD, THRISSUR-680002.

¶244

8 EXECUTIVE ENGINEER (E), BSNL ELECTRICAL DIVISION, OLD CTO BLDG,SILK STREET, BEACH ROAD, KOZHIKODE-673 032.

¶245

9 EXECUTIVE ENGINEER (E), BSNL ELECTRICAL DIVISION, BSNL BHAVAN, SOUTH BAZZAR, KANNUR-670002.

¶246

10 UNION OF INDIA, REP BY SECRETARY TO FINANCE, MINISTRY OF FINANCE, NEW DELHI-111001.

¶247

11 DEPARTMENT OF TELE COMMUNICATIONS, REP BY SECRETARY, MINISTRY OF COMMUNICATION,S NEW DELHI-111001.

¶248

R1-9 BY SRI.MATHEWS K.PHILIP,SC, BSNL R10-11 BY SRI.K.SHRI HARI RAO, CGC

¶249

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶250

W.P.(C).Nos.35597/19 & con.cases

¶251

¶252

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶253

PRESENT

¶254

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶255

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶256

WP(C).No.32503 OF 2019(K)

¶257

PETITIONER:

¶258

NEV TECH ENGINEERS AND CONTRACTORS SAPTHATHI BUILDINGS, KONTHURUTHY, THEVARA P.O., KOCHI-682 013, REPRESENTED BY ITS MANAGING PARTNER MR.JOHN KELOTH, S/O.VAKKACHAN, AGED 65 YEARS, KELOTH HOUSE, CNRA-1, KONTHURUTHY, THEVARA P.O., KOCHI-682 013.

¶259

BY ADVS. SRI.PRAMOJ ABRAHAM SMT.SARANYA CHANDRAN

¶260

RESPONDENTS:

¶261

1 BHARAT SANCHAR NIGAM LIMITED (GOVERNMENT OF INDIA UNDERTAKING), REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, BSNL CORPORATE OFFICE, HARISH CHANDA MATHUR LANE, JANPATH, NEW DELHI-110 001.

¶262

2 THE CHIEG GENERAL MANAGER, BSNL, KERALA TELECOMMUNICATIONS, CIRCLE OFFICE, PMG JUNCTION, VIKAS BHAVAN POST, THIRUVANANTHAPURAM-695 033.

¶263

3 CHIEF ENGINEER-ELECTRICAL, BSNL, KERALA ELECTRICAL ZONE, TELEPHONE EXCHANGE BUILDING, MANACUAD, THIRUVANANTHAPURAM-690 533.

¶264

R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶265

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

¶266

¶267

W.P.(C).Nos.35597/19 & con.cases

¶268

12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶269

W.P.(C).Nos.35597/19 & con.cases

¶270

¶271

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶272

PRESENT

¶273

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶274

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941 WP(C).No.32577 OF 2019(V)

¶275

PETITIONER:

¶276

KURIAN VARGHESE AGED 58 YEARS MATHARA HOUSE,PANACODE.P.O, VADAVUCODE, ERNAKULAM-682310.

¶277

BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE

¶278

RESPONDENTS:

¶279

1 UNION OF INDIA MINISTRY OF COMMUNICATIONS,SANCHARA BHAWAN 20,ASHOKA ROAD,NEW DELHI-110001,REPRESENTED BY THE SECRETARY.

¶280

2 BHARAT SANCHAR NIGAM LTD, BHARAT SANCHAR BHAVAN,HARISH CHANDRA MATHUR LANE,JANPATH, NEW DELHI-110001,REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

¶281

W.P.(C).Nos.35597/19 & con.cases

¶282

¶283

3 CHIEF ENGINEER, BSNL KERALA CIVIL ZONE,1ST FLOOR, ADMINISTRATIVE BUILDING,MANACAUD, THIRUVANANTHAPURAM-695009.

¶284

4 SUPERINTENDING ENGINEER(E), OFFICE OF THE CHIEF ENGINEER(E), BSNL KERALA ELECTRICAL ZONE, ADMN.BUILDING,TELEPHONE EXCHANGE COMPOUND,MANACAUD,THIRUVANANTHAPURAM-695009.

¶285

5 EXECUTIVE ENGINEER(CIVIL) OFFICE OF THE EXECUTIVE ENGINEER(CIVIL), BSNL CIVIL DIVISION, E-2, BSNL STAFF QUARTERS, KOTTAYAM 686 005.

¶286

6 NATIONAL HEALTH MISSION, DIRECTORATE OF HEALTH SERVICE COMPOUND, THIRUVANANTHAPURAM-695035, REPRESENTED BY ITS STATE MISSION DIRECTOR MR.KESHVENDRA KUMAR IAS.

¶287

R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R2-5 BY SRI.MATHEWS K.PHILIP,SC, BSNL R6 BY ADV. SRI.M.AJAY

¶288

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶289

W.P.(C).Nos.35597/19 & con.cases

¶290

¶291

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶292

PRESENT

¶293

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶294

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶295

WP(C).No.32610 OF 2019(A)

¶296

PETITIONER:

¶297

KURIAN VARGHESE AGED 58 YEARS MATHARA HOUSE, PANACODE.P.O., VADAVUCODE, ERNAKULAM-682310

¶298

BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE

¶299

RESPONDENTS:

¶300

1 UNION OF INDIA MINISTRY OF COMMUNICATIONS, SANCHAR BHAWAN 20, ASHOKA ROAD, NEW DELHI 110001 REPRESENTED BY THE SECRETARY

¶301

2 BHARAT SANCHAR NIGAM LTD., BHARAT SANCHAR BHAVAN, HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI-110001 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR

¶302

W.P.(C).Nos.35597/19 & con.cases

¶303

¶304

3 CHIEF ENGINEER BSNL KERALA CIVIL ZONE 1ST FLOOR, ADMINISTRATIVE BUILDING, MANACAUD, THIRUVANANTHAPURAM-695009

¶305

4 SUPERINTENDING ENGINEER(E) OFFICE OF THE CHIEF ENGINEER(E), BSNL KERALA ELECTRICAL ZONE ADMN. BUILDING, TELEPHONE EXCHANGE COMPOUND MANACAUD, THIRUVANANTHAPURAM695009

¶306

5 EXECUTIVE ENGINEER(CIVIL) OFFICE OF THE EXECUTIVE ENGINEER(CIVIL), BSNL CIVIL DIVISION, E-2, BSNL STAFF QUARTERS, KOTTAYAM-686005

¶307

6 NATIONAL HEALTH MISSION DIRECTORATE OF HEALTH SERVICES COMPOUND THIRUVANANTHAPURAM-695035 REPRESENTED BY ITS STATE MISSION DIRECTOR MR.KESHAVENDRA KUMAR IAS

¶308

R1 BY SMT.SREEKALA K.L., CGC R2-5 BY SRI.MATHEWS K.PHILIP,SC, BSNL R6 BY ADV. SRI.M.AJAY

¶309

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶310

W.P.(C).Nos.35597/19 & con.cases

¶311

¶312

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶313

PRESENT

¶314

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶315

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶316

WP(C).No.33286 OF 2019(I)

¶317

PETITIONER:

¶318

G.SHYLENDRA GOPAL AGED 67 YEARS HIMA HYIMAM T.K.M.C.P.O, KARIKKODE KOLLAM691005

¶319

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

¶320

RESPONDENTS:

¶321

1 BHARATH SANCHAR NIGAM LTD. BHARATH SANCHAR BHAVAN, HAREESH CHANDRA MATHUR LANE JANPATH NEW DELHI-110001 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR

¶322

2 THE CHIER GENERAL MANAGER BSNL KERALA CIRCLE, PMG JUNCTION, VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM-695033

¶323

3 CHIER ENGINEER(C) BSNAL KERALA CIVIL ZONE, FIRST FLOOR, ADMINISTRATIVE BUILDING, YAMUNA NAGAR, MANACADUD, THIRUVANANTHAPURAM-695009

¶324

4 THE SUPERINTENDING ENGINEER(C) BSNL, FIRST FLOOR, ADMINISTRATIVE BUILDING, YAMUNA NAGAR, MANACAUD, THIRUVANANTHAPURAM695009

¶325

W.P.(C).Nos.35597/19 & con.cases

¶326

¶327

5 THE GENERAL MANAGER, KOLLAM, BSNL BHAVAN, VELLAYITTAMBALAM, THIRUMULLAVARAM.P.O, KOLLAM- 691012

¶328

6 THE GENERAL MANAGER THIRUVALLA BSNL BHAVAN, THIRUVALLA-689101

¶329

R1-6 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶330

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶331

W.P.(C).Nos.35597/19 & con.cases

¶332

¶333

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶334

PRESENT

¶335

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶336

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶337

WP(C).No.33430 OF 2019(C)

¶338

PETITIONERS:

¶339

PRASAD.O.K AGED 47 YEARS OLIKKOTTUKUDIYIL HOUSE, VARAPETTY.P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT PIN-686691

¶340

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

¶341

RESPONDENTS:

¶342

1 THE CHAIMAN AND MANAGING DIRECTOR BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, 8TH FLOOR, BHARAT SANCHAR NIGAM LIMITED BHAVAN, NEW DELHI-110001

¶343

2 THE BHARAT SANCHAR NIGAM LIMITED (A GOVERNMENT OF INDIA ENTERPRISE), REPRESENTED BY CHIEF GENERAL MANAGER, KERALA CIRCLE, THIRUVANANTHAPURAM-695001

¶344

3 THE GENRAL MANAGER TELECOM, BSNL BHAVAN, KOCHI-682016

¶345

4 THE ASSISTNAT GENERAL MANAGER(CP) TELECOM, OFFICE OF THE PRINCIPAL GENERAL MANAGER, BSNL BHAVAN, KOCHI-682016

¶346

R1-4 BY SRI.MATHEWS K.PHILIP,SC, BSNL R1-4 BY ADV. SHRI.R.D.AGRAWALA

¶347

W.P.(C).Nos.35597/19 & con.cases

¶348

¶349

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶350

W.P.(C).Nos.35597/19 & con.cases

¶351

¶352

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶353

PRESENT

¶354

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶355

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶356

WP(C).No.33435 OF 2019(D)

¶357

PETITIONERS:

¶358

NAVEEN,

¶359

AGED 42 YEARS PROPERIETOR, NAVEEN ELECTROMECH, BHAVANA, CMC - 17, CHERTHALAP.O., ALAPPUZHA - 688 524.

¶360

BY ADV. SRI.H.RAMANAN

¶361

RESPONDENTS:

¶362

1 BHARAT SANCHAR NIGAM LTD.(BSNL), REGD. OFFICE, BHARAT SANCHAR BHAVAN, HCM LANE, JANPATH, NEW DELHI - 110001, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR.

¶363

2 CHIEF GENERAL MANAGER, OFFICE OF THE CHIEF GENERAL MANAGER, BSNL, PMG JUNCTION, THIRUVANANTHAURAM - 695 033.

¶364

3 THE CHIEF ENGINEER (E), BSNL KERALA ELECTRICAL ZONE, TELEPHONE EXCHANGE COMPOUND, MANACAUD, THIRUVANANTHAPURAM - 695 009.

¶365

4 DEPUTY GENERAL MANAGER (FINANCE), OFFICE OF THE CHIEF GENERAL MANAGER, BSNL, PMG JUNCTION, THIRUVANANTHAURAM - 695 033.

¶366

5 CHIEF ACCOUNTS OFFICER BILLS (ERP AND CSC), BSNL, KERALA CIRCLE, THIRUVANANTHAPURAM - 695 033.

¶367

W.P.(C).Nos.35597/19 & con.cases

¶368

¶369

6 EXECUTIVE ENGINEER (ELECTRICAL), BSNL ELECTRICAL DIVISION, 4TH FLOOR, CTO BUILDING, ERNAKULAM - 682 016.

¶370

7 UNION OF INDIA, REP BY SECRETARY TO FINANCE, MINISTRY OF FINANCE, NEW DELHI - 111 001.

¶371

8 DEPARTMENT OF TELECOMMUNICATIONS, REP BY SECRETARY, MINISTRY OF COMMUNICATIONS, NEW DELHI - 111 001.

¶372

R1-6 BY ADV. SRI.MATHEWS K.PHILIP R7-8 BY SMT.PREMLATHA K. NAIR, CGC

¶373

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶374

W.P.(C).Nos.35597/19 & con.cases

¶375

¶376

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶377

PRESENT

¶378

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶379

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶380

WP(C).No.33466 OF 2019(G)

¶381

PETITIONERS:

¶382

JOSHY SEBASTIAN AGED 53 YEARS PROPRIETOR, ABLE ELECTRICALS PUTHENKULANGARA HOUSE, KUMARANALLOOR P.O, KOTTAYAM 680 016 ERNAKULAM.

¶383

BY ADV. SRI.H.RAMANAN

¶384

RESPONDENTS:

¶385

1 BHARAT SANCHAR NIGAM LTD.(BSNL) RG. OFFICE, BHARAT SANCHAR BHAVAN, HCM LANE, JANPATH, NEW DELHI 110 001. REP BY ITS CHAIRMAN AND MANAGING DIRECTOR

¶386

2 CHIEF GENERAL MANAGER, OFFICE OF THE CHIEF GENERAL MANAGER, BSNL, PMG JUNCTION, THIRUVANANTHAPURAM 695 033.

¶387

3 THE CHIEF ENGINEER (E) BSNL KERALA ELECTRICAL ZONE, ADMINISTRATIVE BUILDING, TELEPHONE EXCHANGE COMPOUND, MANACAUD, THIRUVANANTHAPURAM 695 009.

¶388

4 THE CHIEF ENGINEER (CIVIL), BANL KERALA ZONE, 1ST FLOOR, TE BUILDING, MANACAUD, THIRUVANANTHAPURAM 695 009.

¶389

W.P.(C).Nos.35597/19 & con.cases

¶390

¶391

5 DEPUTY GENERAL MANAGER (FINANCE) OFFICE OF THE CHIEF GENERAL MANAGER, BSNL, PMG JUNCTION, THIRUVANANTHAPURAM 695 033.

¶392

6 CHIEF ACCOUNTS OFFICER , BILLS (ERP AND CSC) BSNL, KERALA CIRCLE, THIRUVANANTHAPURAM 695 033.

¶393

7 EXECUTIVE ENGINEER (ELECTRICAL) BSNL ELECTRICAL DIVISION, 4TH FLOOR, CTO BUILDING, ERNAKULAM 682 016

¶394

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶395

W.P.(C).Nos.35597/19 & con.cases

¶396

¶397

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶398

PRESENT

¶399

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶400

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶401

WP(C).No.33726 OF 2019(M)

¶402

PETITIONER:

¶403

M/S.SPANDS

¶404

ELECTRICAL ENGINEERS AND CONTRACTORS, DOOR NO.5/3424, C-4, NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE-673004, REP. BY ITS MANAGING PARTNER K.NARAYANAN.

¶405

BY ADV. SRI.H.RAMANAN

¶406

RESPONDENTS:

¶407

1 BHARAT SANCHAR NIGAM LTD.(BSNL), REGD. OFFICE, BHARAT SANCHAR BHAVAN, HCM LANE, JANAPATH, NEW DELHI-110001, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR.

¶408

2 CHIEF GENERAL MANAGER, OFFICE OF THE CHIEF GENERAL MANAGER, BSNL, PMG JUNCTION, THIRUVANANTHAPURAM-695033.

¶409

3 THE CHIEF ENGINEER (E), BSNL KERALA ELECTRICAL ZONE, ADMINISTRATIVE BUILDING, TELEPHONE EXCHANGE COMPOUND, MANACAUD, THIRUVANANTHAPURAM-695009.

¶410

4 DEPUTY GENERAL MANAGER (FINANCE). OFFICE OF THE CHIEF GENERAL MANAGER, BSNL, PMG JUNCTION, THIRUVANANTHAPURAM-695033.

¶411

5 CHIEF ACCOUNTS OFFICER BILLS (ERP AND CSC), BSNL, KERALA CIRCLE, THIRUVANANTHAPURAM-695033.

¶412

W.P.(C).Nos.35597/19 & con.cases

¶413

¶414

6 GENERAL MANAGER, BSNL, DPO ROAD, MALAPPURAM-676505.

¶415

7 EXECUTIVE ENGINEER (E), BSNL ELECTRICAL DIVISION, OLD CTO BLDG. SILK STREET, BEACH ROAD, KOZHIKODE-673032.

¶416

8 EXECUTIVE ENGINEER (E), BSNL ELECTRICAL DIVISION, BSNL BHAVAN, SOUTH BAZZAR, KANNUR-670002.

¶417

9 UNION OF INDIA, REP. BY SECRETARY TO GOVT. DEPT. OF FINANCE, NEW DELHI-111001.

¶418

10 DEPARTMENT OF TELE COMMUNICATIONS, REP. BY ITS SECRETARY, SANSAD MARG, NEW DELHI111001.

¶419

R1-8 BY SRI.MATHEWS K.PHILIP,SC, BSNL R9-10 BY ADV. SRI.P.VIJAYAKUMAR

¶420

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶421

W.P.(C).Nos.35597/19 & con.cases

¶422

¶423

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶424

PRESENT

¶425

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶426

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶427

WP(C).No.34741 OF 2019(P)

¶428

PETITIONERS:

¶429

M.J.JOY

¶430

AGED 59 YEARS S/O.GEORGE JOSEPH, MANIKATH HOUSE, KOITHARA ROAD, PANAMPILLY NAGAR, KOCHI- 682036

¶431

BY ADVS. SRI.PRAMOJ ABRAHAM SMT.SARANYA CHANDRAN

¶432

RESPONDENTS:

¶433

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

¶434

2 THE CHIEF GENERAL MANAGER BSNL, KERALA TELECOMMUNICATIONS CIRCLE OFFICE, PMG JUNCTION, VIKAS BHAVAN, POST, THIRUVANANTHAPURAM-695033

¶435

3 CHIEF ENGINEER-CIVIL BSNL, KERALA CIVIL ZONE, TELEPHONE EXCHANGE BUILDING, MANACAUD, THIRUVANANTHAURAM

¶436

R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶437

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶438

W.P.(C).Nos.35597/19 & con.cases

¶439

¶440

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶441

PRESENT

¶442

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶443

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶444

WP(C).No.34913 OF 2019(L)

¶445

PETITIONER:

¶446

ALLIES FIRE SYSTEMS PVT.LTD FIRST FLOOR, CITY SCAPE BUILDING, NR.POLICE STATION SOUTH KALAMASSERY, CHANGAMPUZHA NAGAR P.O., ERNAKULAM-682 033, REPRESENTED BY ITS DIRECTOR MR.THOMAS MANI.

¶447

BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.LEAH RACHEL NINAN

¶448

RESPONDENTS:

¶449

1 UNION OF INDIA

¶450

REPRESENTED BY THE TELECOM SECRETARY, MINISTRY OF COMMUNICATIONS, SANCHAR BHAWAN 20, ASHOKA ROAD, NEW DELHI-110 001.

¶451

2 BHARAT SANCHAR NIGAM LTD., REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, BHARAT SANCHAR BHAVAN, HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI-110 001.

¶452

W.P.(C).Nos.35597/19 & con.cases

¶453

¶454

3 CHIEF ENGINEER, BSNL KERALA CIVIL ZONE, 1ST FLOOR, ADMINISTRATIVE BUILDING, MANACAUD, THIRUVANANTHAPURAM-695 009.

¶455

4 SUPERINTENDING ENGINEER(E), OFFICE OF THE CHIEF ENGINEER(E), BSNL KERALA ELECTRICAL ZONE, ADMN. BUILDING, TELEPHONE EXCHANGE COMPOUND, MANACAUD, THIRUVANANTHAPURAM-695 009.

¶456

5 EXECUTIVE ENGINEER(E), OFFICE OF THE EXECUTIVE ENGINEER(E), BSNL ELECTRICAL DIVISION, 2ND FLOOR, ADMN. BUILDING, TE COMPOUND, MANACAUD, THIRUVANANTHAPURAM-695 009.

¶457

6 SUB DIVISIONAL ENGINEER, BSNL EXTERNAL PROJECT DIVISION, OFFICE OF THE SUB DIVISIONAL ENGINEER(E), BSNL ELECTRICAL SUB DIVISION I GROUND FLOOR, ADMN. BUILDING, TE COMPOUND, MANACAUD, THIRUVANANTHAPURAM-695 009.

¶458

7 NATIONAL HEALTH MISSION, DIRECTORATE OF HEALTH SERVICES COMPOUND, THIRUVANANTHAPURAM-695 035, REPRESENTED BY ITS STATE MISSION DIRECTOR MR.KESHVENDRA KUMAR I.A.S.

¶459

R2-6 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶460

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶461

W.P.(C).Nos.35597/19 & con.cases

¶462

¶463

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶464

PRESENT

¶465

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶466

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶467

WP(C).No.34930 OF 2019(M)

¶468

PETITIONER:

¶469

BABY PUTHURAN, AGED 64 YEARS PUTHUR PUTHIYEDATHU HOUSE, PERUVA P.O., KOTTAYAM DISTRICT.

¶470

BY ADV. SRI.K.MANOJ CHANDRAN

¶471

RESPONDENTS:

¶472

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

¶473

2 THE CHIEF MANAGER, BSNL KERALA CIRCLE, PMG JUNCTION, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033.

¶474

3 THE GENERAL MANAGER, BSNL, PATHANAMTHITTA TELECOM DISTRICT, THIRUVALLA - 689 101.

¶475

4 THE GENERAL MANAGER, BSNL, OFFICE OF THE PRINCIPAL GENERAL MANAGER, TELECOM DISTRICT, KOTTAYAM - 686 001.

¶476

5 THE PRINCIPAL GENERAL MANAGER, BSNL, OFFICE OF THE PRINCIPAL GENERAL MANAGER, TELECOM DISTRICT, ERNAKULAM, KOCHI - 682 016.

¶477

W.P.(C).Nos.35597/19 & con.cases

¶478

¶479

6 STATE TAX OFFICER (WORKS CNTRACT), OFFICE OF THE DEPUTY COMMISSIONER, SGST DEPARTMENT, KOTTAYAM - 686 001.

¶480

R1-5 BY SRI.MATHEWS K.PHILIP,SC, BSNL R1-5 BY ADV. SHRI.R.D.AGRAWALA

¶481

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶482

W.P.(C).Nos.35597/19 & con.cases

¶483

¶484

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶485

PRESENT

¶486

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶487

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶488

WP(C).No.35721 OF 2019(M)

¶489

PETITIONER:

¶490

P.D.ANTONY

¶491

AGED 61 YEARS S/O.DEVASY, CONTRACTOR, POLAPARAMBIL HOUSE, KADAVANTHRA, KOCHI-682020.

¶492

BY ADVS. SRI.PRAMOJ ABRAHAM SMT.SARANYA CHANDRAN

¶493

RESPONDENTS:

¶494

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

¶495

2 THE CHIEF GENERAL MANAGER, BSNL, KERALA TELECOMMUNICATIONS CIRCLE OFFICE, PMG JUNCTION, VIKAS BHAVAN POST, THIRUVANANTHAPURAM-695033.

¶496

3 CHIEF ENGINEER - CIVIL, BSNL, KERALA CIVIL ZONE, TELEPHONE EXCHANGE BUILDING, MANACAUD, THIRUVANANTHAPURAM-695033.

¶497

R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL

¶498

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶499

W.P.(C).Nos.35597/19 & con.cases

¶500

¶501

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶502

PRESENT

¶503

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶504

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶505

WP(C).No.652 OF 2020(F)

¶506

PETITIONER:

¶507

NADESH KUMAR.O.K, AGED 35 YEARS S/O AYYAPPAN O.K, VALIYAKULANGARA HOUSE, VATTAPPARA, VAZHAKKAD, CHERUVAYOOR, MALAPPURAM DISTRICT.

¶508

BY ADV. SRI.K.RAKESH

¶509

RESPONDENTS:

¶510

1 THE GENERAL MANAGER OFFICE OF THE GENERAL MANAGER, TELECOM, BHARATH SANCHAR NIGAM LIMITED (BSNL), MALAPPURAM, PIN676 505.

¶511

2 THE ASSISTANT GENERAL MANAGER (P), OFFICE OF THE GENERAL MANAGER, TELECOM, BHARATH SANCHAR NIGAM LIMITED (BSNL), MALAPPURAM, PIN676 505.

¶512

3 THE DIVISIONAL ENGINEER TRANSMISSION, BSNL, KONNOLA BUILDING, MALAPPURAM DISTRICT, PIN-676 505.

¶513

R1-3 BY SRI.MATHEWS K.PHILIP, SC, BSNL

¶514

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶515

W.P.(C).Nos.35597/19 & con.cases

¶516

¶517

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶518

PRESENT

¶519

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶520

MONDAY, THE 09TH DAY OF MARCH 2020 / 19TH PHALGUNA, 1941

¶521

WP(C).No.813 OF 2020(B)

¶522

PETITIONER:

¶523

CRISTALINE TELESERVICES PVT. LTD., CRISTALINE HOUSE , CC NO 46/3027, SOBHA ROAD, VENNALA P.O.COCHIN-682 028, REPRESENTED BY ITS MANAGING DIRECTOR LIYAKATH ALI .A, AGED 63 YEARS, S/O E.ABDUL VAHID, RESIDING AT AQUA GARDENS, ARKAKADAVU, VENNALA P.O.COCHIN-682 028.

¶524

BY ADV. SRI.P.SATHISAN

¶525

RESPONDENTS:

¶526

1 BHARAT SANCHAR NIGAM LIMITED (BSNL), REPRESENTED THROUGH CHAIRMAN AND MANAGING DIRECTOR, BHARAT SANCHAR BHAVAN, HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI-110 001.

¶527

2 PRINCIPAL GENERAL MANAGER, TELECOM ERNAKULAM (SSA ERNAKULAM), BSNL BHAVAN, KALATHIPARAMNBHU ROAD, M.G.ROAD. P.O.ERNAKULAM682 016.

¶528

3 PRINCIPAL GENERAL MANAGER, TELECOM ALAPPUZHA (SSA ALAPPUZHA) BSNL BHAVAN, NEAR PITCHU IYER JUNCTION, ALAPPUZHA CIVIL STATION P.O., PIN-688 001.

¶529

W.P.(C).Nos.35597/19 & con.cases

¶530

¶531

4 GENERAL MANAGER, TELECOM KOLLAM (SSA KOLLAM) BSNL BHAVAN, VELLAYITTIYAMBALAM, THIRUVANANTHAPURAM P.O.KOLLAM-691 012.

¶532

5 GENERAL MANAGER TELECOM, WAYANAD (SSA WAYANAD), BSNL BHAVAN, BALAN K NAIR ROAD, ASHOKAPURAM P.O.KOZHIKODE-673 001.

¶533

6 PRINCIPAL GENERAL MANAGER (SSA TRIVANDRUM), BSNL BHAVAN, UPPALAM ROAD, TRIVANDRUM-695 001.

¶534

7 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TELECOMMUNICATIONS, SANCHAR BHAWAN, ASHOKA ROAD, NEW DELHI-110 001.

¶535

R1-6 BY SRI.MATHEWS K.PHILIP, SC, BSNL R7 BY ADV. KUM.S.KRISHNA

¶536

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-02-2020, ALONG WITH WP(C).35597/2019 AND CONNECTED CASES, THE COURT ON 09-03-2020 DELIVERED THE FOLLOWING:

¶537

W.P.(C).Nos.35597/19 & con.cases

¶538

¶539

JUDGMENT

¶540

[ WP(C).35597/2019, WP(C).27660/2019, WP(C).30701/2019, WP(C).30826/2019, WP(C).31181/2019, WP(C).31202/2019, WP(C).31220/2019, WP(C).31225/2019, WP(C).31714/2019, WP(C).31925/2019, WP(C).31948/2019, WP(C).32074/2019, WP(C).32159/2019, WP(C).32503/2019, WP(C).32577/2019, WP(C).32610/2019, WP(C).33286/2019, WP(C).33430/2019, WP(C).33435/2019, WP(C).33466/2019, WP(C).33726/2019, WP(C).34741/2019, WP(C).34913/2019, WP(C).34930/2019, WP(C).35721/2019, WP(C).652/2020, WP(C).813/2020 ]

¶541

Dated this the 9^th day of March 2020

¶542

JUDGMENT

¶543

1.All these writ petitions are essentially filed seeking payment of

¶544

amounts due from Bharat Sanchar Nigam Ltd (BSNL for short) towards the petitioners who have undertaken contract works. The petitioners contend that they are entitled to the payment of amounts which are essentially admitted by the BSNL. They contend that the refusal on the part of the BSNL to release the amounts due after extracting the work from them is completely unsustainable in law.

¶545

W.P.(C).Nos.35597/19 & con.cases

¶546

¶547

2.Heard the learned counsel appearing for the petitioners in these writ petitions and the learned Senior Counsel appearing on behalf of the respondents as assisted by the respective standing counsel.

¶548

3.Counter affidavits have been filed in many of these cases. In the counter affidavits filed, it is contended that the amounts claimed are in respect of contractual claims between the parties and in the absence of specific admission of the amounts by the respondents, these writ petitions would not be maintainable before this Court. It is contended that in some of these cases, no bills are produced and that even the nature of the work undertaken and the amounts due are not properly mentioned. It is stated that the question whether any amount is liable to be paid in terms of the contract between the parties is a question of fact which can be decided only after taking evidence and that this Court should not consider the writ petitions. In some of these cases, it is contended that the petitioners are Micro, Small or Medium Enterprises which are covered by the provisions of the Micro Small and Medium

¶549

W.P.(C).Nos.35597/19 & con.cases

¶550

¶551

Enterpises Development Act, 2006 (MSMED Act for short) and there is a bar to claim any relief for goods supplied or services rendered before any court, expect in terms of Chapter 5 of the said special enactment.

¶552

4.Apart from placing affidavits on record in these cases, the learned Senior Counsel has also made available a breakup of cases for the convenience of this Court.

¶553

5.The learned counsel for the petitioners would rely on a decision of a Full Bench of this Court reported in State of Kerala and others v. T.V.Anil [2002 (1) KLT 371 (FB)]. After considering the case law on the point, the Full Bench held that it cannot be said in absolute terms that a writ petition is not maintainable in contractual matters including where the Contractors seek enforcement of the obligation on the part of the State to pay the admitted bill amounts. It was held that there is a public law element in contracts where the State is a party, and that it follows that there is public duty involved and therefore the High Court will be well within its jurisdiction to

¶554

W.P.(C).Nos.35597/19 & con.cases

¶555

¶556

consider the writ petitions seeking payment of amounts admittedly due.

¶557

6.The learned Senior Counsel on the other hand relied on the Constitution Bench decision of the Apex Court in Moti Das v. S.P. Sahi [AIR 1959 SC 942], D.L.F.Housing Construction (P) Ltd. v. Delhi Municipal Corporation and others [(1976) 3 SCC 160] M/s.Burmah Construction Co. v. State of Orissa and others [AIR 1962 SC 1320], K.S.Rashid and son v. Income Tax Investigation Commission, etc. [1954 SCR 738, N.T.Abraham v. State of Kerala and others [(1999) 9 SCC 280] , Central Bank of India v. Rooplal Bansal [(1999) 9 SCC 254], Jai Singh v. Union of India and others [(1977) 1 SCC 1]. It is contended by the learned Senior Counsel that the decisions of the Apex Court are authority on the point that factual aspects cannot be investigated in writ proceedings and that where the relationships between the parties is contractual in nature, the intervention of the High Court under Article 226 would not be justified since the civil remedy of suit is readily available to the parties. The learned Senior Counsel submits that in most

¶558

¶559

W.P.(C).Nos.35597/19 & con.cases

¶560

of these cases the claim is not admitted in full. It is, therefore, contended that the entire claim would, therefore, have to be adjudicated before a civil court having jurisdiction and directions by this Court to pay admitted amounts would not be justified. It is submitted that the petitioners/contractors cannot approach two Forums in respect of the same claim on the ground that part of the claim is admitted and part of it is not. It is, therefore, contended that the writ petitions are liable to be dismissed, leaving open the contentions of the parties to be decided in appropriate proceedings.

¶561

7.I have considered the contentions advanced. The question raised in these writ petitions is with regard to payment of the admitted amount due from the BSNL Ltd. It is not in dispute before me that the respondent answers the definition of State under Article 12 of the Constitution of India. It is also not in dispute that the amounts are due on account of contracts entered into between the respondents and the petitioners, who are the contractors. In most of these cases, at least part of the liability is admitted. In the above factual situation, in cases

¶562

W.P.(C).Nos.35597/19 & con.cases

¶563

¶564

where there is admission of liability and where no complicated questions of fact arise for consideration, the power of this Court under Article 226 of the Constitution of India to direct payment of admitted amounts by a State or its instrumentality cannot be said to be foreclosed merely by the existence of an alternate remedy. The contention of the petitioners that there is a bar under the Micro Small and Medium Enterpises Development Act, 2006 is also absolutely untenable, since Chapter V of the said Act only provides for a remedy to such enterprises for recovery of amounts by recourse to the Micro and Small Enterprises Facilitation Council and does not expressly or impliedly bar the jurisdiction of other Forums available to such enterprises. Even otherwise, a statutory bar provided in Chapter V of the MSMED Act, cannot extend to excluding the writ jurisdiction of this Court being exercised under the Constitution of the Country.

¶565

8.A factual dispute can be said to exist only where the respondents are bona fide disputing their liability and not in cases where the State or its instrumentality raises vexatious

¶566

¶567

W.P.(C).Nos.35597/19 & con.cases

¶568

and untenable disputes only in order to delay payments of amounts due to its citizens even if the amounts are payable under a contract. The decisions of the Apex Court from the celebrated decision of Ramana Dhayaram Shetty v. The International Airport Authority of India [AIR 1979 SC 1628] are authority on the point that all action of the State including in its exercise of contractual obligations should be informed by reason and be non-arbitrary in character. In the above view of the matter, the contention that the respondents cannot be directed by this Court to meet even their admitted liability is completely untenable and such argument is devoid of merits.

¶569

9.Hence, there will be a direction to the respondents to pay the admitted amounts due to the petitioners in these writ petitions. In view of the pleadings as to financial stringency, payments shall be made within a period of six months from the date of receipt of a copy of this judgment. With regard to any bona fide dispute as to the extent of liability, the right of the petitioners to approach the appropriate civil court for adjudication of the amounts actually due is left open. In cases

¶570

W.P.(C).Nos.35597/19 & con.cases

¶571

¶572

where there are no bills produced so as to decide whether the liability is admitted or not, the representations, if any, submitted by the petitioners shall be considered and appropriate orders shall be passed by the respondents, either admitting or denying their liability and specifically stating what part of liability is admitted. In all such cases, the petitioners shall be permitted to make additional representations producing the bills or the material, if any, before the competent among the respondents for a proper consideration of the issue. In those cases also, the amounts found due after a proper consideration shall be released within a period of six months from the date on which orders are passed on the representations. In cases where liability is disputed, the right of the contractors to approach the appropriate civil courts will be left open.

¶573

10.In two of these writ petitions, that is, W.P.(C).Nos.31714/19 & 32503/19, the contention is that the firms in question are not registered partnership firms and therefore Section 69 of the Partnership Act, 1932 stands in the way of the said firms

¶574

W.P.(C).Nos.35597/19 & con.cases

¶575

¶576

suing for release of amounts. I notice that the work has been awarded to the firm in question and the bills have been duly raised by the firm. The respondents, therefore, cannot take up a claim that the firm is not registered and therefore cannot sue in its name, to defeat the admitted claims.

¶577

11.In four of these writ petitions, that is, 27660/19, 34913/19, 32577/19 & 32610/19, it is contended that the payments are to be made after receipt of amounts from external agencies which were involved in sanctioning and carrying out of the work and therefore there can be no direction to the BSNL to pay such amounts. It is contended by the learned counsel for the petitioners that in all of these cases the external agencies have been impleaded as respondents and that appropriate directions are to be issued to those respondents to meet the liabilities, if necessary. In some of these cases, statements have also been filed by the National Health Mission, which was the funding agency, wherein it is stated that the details of the pending bills have not been reported by the BSNL to the funding agency and that the funding agency has already

¶578

W.P.(C).Nos.35597/19 & con.cases

¶579

¶580

released 95% of the payment in respect of the works in question to the BSNL. It is stated that if the appropriate authority in the BSNL is ready to execute the tripartite agreement with the funding agency and contractors, the balance amount shall also be released without delay on production of the final fill bill along with utilisation certificate, audited statement, completion certificate, completion plan and structural stability certificate.

¶581

12.In W.P.(C).Nos.31220/2019 and 33430/2019, it is submitted by the learned counsel for the respondents that the entire liability in respect of these cases are admitted. A counter affidavit is also placed on record to that effect. In the above view of the matter, the respondents are liable to pay the entire amounts found due shall be released to the petitioners.

¶582

13.In the above view of the matter,

¶583

W.P.(C).Nos.31220/2019 and 33430/2019 are allowed. The competent among the respondents shall pay the entire amounts found due within six months from the date of receipt of a copy of this judgment.

¶584

¶585

W.P.(C).Nos.35597/19 & con.cases

¶586

W.P.(C).Nos.35597/2019 and 813/2020 are allowed. The competent among the respondents shall release payment of the amounts due under the bills within six months from the date of receipt of a copy of this judgment.

¶587

W.P.(C).Nos.31714/19 and 32503 of 2019 are allowed. The competent among the respondents shall release payment of the amounts due under the bills within six months from the date of receipt of a copy of this judgment.

¶588

W.P.(C).Nos.27660/2019, 34913/2019, 32577/2019 & 32610/2019 are disposed of. There will be a direction to the competent among respondents to enter into a tripartite agreement with the petitioner and the National Health Mission for the release of the amounts due. All necessary certificates shall be furnished and amounts due shall be released by the National Health Mission and the amounts so released shall be paid to the petitioners without delay, at any rate within a period of three months form the date of receipt of a copy of this judgment.

¶589

W.P.(C).No.34741/2019 is disposed of with a direction to the respondents to make the payment due as and when the

¶590

W.P.(C).Nos.35597/19 & con.cases

¶591

¶592

amounts are received from the KUFOS, which was the funding agency to pay the amounts due to the petitioner on such amounts.

¶593

W.P.(C).Nos.35721/19, 652/2020, 31925/2019, 32159/19, 31225/19, 32074/19, 33726/19, 31948/19, 31202/2019, 33466/2019, 33435/19, 30701/2019 & 30826/2019 are disposed of. There will be a direction to the competent among the respondents to take up, consider and pass appropriate orders on the detailed representations submitted by the petitioner, taking note of the documents produced within a period of one month from the date of receipt of a copy of this judgment. On the basis of orders passed, the admitted amounts due shall be released to the petitioners within a period of six months from the date of receipt of a copy of this judgment. This will not prejudice the right of the petitioners to move civil suits or other proceedings contemplated in law with regard to any disputed liability.

¶594

W.P.(C).Nos.33286/19, 31181/2019 and 34930/2019 are disposed of directing the competent among the respondents to

¶595

W.P.(C).Nos.35597/19 & con.cases

¶596

¶597

release the admitted amounts due to the petitioners within a period of six months from the date of receipt of a copy of this judgment. This will be without prejudice to the right of the petitioners to raise claims before the appropriate court or the authority, as the case may be, in respect of the disputed liability.

¶598

Sd/- Anu Sivaraman, Judge

¶599

¶600

W.P.(C).Nos.35597/19 & con.cases

¶601

¶602

APPENDIX OF WP(C) 35597/2019

¶603

PETITIONER'S EXHIBITS:

¶604

EXHIBIT P1 TRUE COPY OF AGREEMENT NO.68/BSNL/ED/EKM/2018-19 OF WORK ORDER DATED 24.9.2018.

¶605

EXHIBIT P2 TRUE COPY OF INVOICE NO.44 FOR THE SAID WORK ORDER DATED 8.2.2019.

¶606

EXHIBIT P3 TRUE COPY OF AGREEMENT NO.78/BSNL/ED/EKM/2018-19 OF WORK ORDER DATED 15.10.2018.

¶607

EXHIBIT P4 TRUE COPY OF INVOICE NO.52 FOR THE SAID WORK ORDER DATED 28.3.2019. EXHIBIT P5 TRUE COPY OF AGREEMENT NO.80/BSNL/ED/EKM/2018-19 OF WORK ORDER DATED 27.10.2018.

¶608

EXHIBIT P6 TRUE COPY OF INVOICE NO.49 FOR THE SAID WORK ORDER DATED 23.3.2019.

¶609

EXHIBIT P7 TRUE COPY OF AGREEMENT NO.88/BSNL/ED/EKM/2018-19 OF WORK ORDER DATED 16.11.2018.

¶610

EXHIBIT P8 TRUE COPY OF INVOICE NO.50 FOR THE SAID WORK ORDER DATED 23.3.2019.

¶611

EXHIBIT P9 TRUE COPY OF AGREEMENT NO.132/BSNL/ED/TCR/2017-18 OF WORK ORDER DATED 16.2.2018.

¶612

EXHIBIT P10 TRUE COPY OF INVOICE NO.31 FOR THE SAID WORK ORDER DATED 8.11.2018.

¶613

EXHIBIT P11 TRUE COPY OF AGREEMENT NO.133/BSNL/ED/TCR/2017-18 OF WORK ORDER DATED 16.2.2018.

¶614

W.P.(C).Nos.35597/19 & con.cases

¶615

¶616

EXHIBIT P12 TRUE COPY OF INVOICE NO.29 FOR THE SAID WORK ORDER DATED 6.9.2018. EXHIBIT P13 TRUE COPY OF AGREEMENT NO.01/BSNL/ED/TCR/2018-19 OF WORK ORDER DATED 2.4.2018. EXHIBIT P14 TRUE COPY OF INVOICE NO.39 FOR THE SAID WORK ORDER DATED 4.1.2019. EXHIBIT P15 TRUE COPY OF AGREEMENT NO.07/BSNL/ED/TCR/2018-19 OF WORK ORDER DATED 12.7.2018. EXHIBIT P16 TRUE COPY OF INVOICE NO.45 FOR THE SAID WORK ORDER DATED 16.2.2019. EXHIBIT P17 TRUE COPY OF AGREEMENT NO.09/BSNL/ED/TCR/2018-19 OF WORK ORDER DATED 19.7.2018. EXHIBIT P18 TRUE COPY OF INVOICE NO.40 FOR THE SAID WORK ORDER DATED 4.1.2019. EXHIBIT P19 TRUE COPY OF AGREEMENT NO.14/BSNL/ED/TCR/2018-19 OF WORK ORDER DATED 25.7.2018. EXHIBIT P20 TRUE COPY OF INVOICE NO.51 FOR THE SAID WORK ORDER DATED 26.3.2019. EXHIBIT P21 TRUE COPY OF AGREEMENT NO.21/EEET/KNR/2018-19 OF WORK ORDER DATED 18.7.2018. EXHIBIT P22 TRUE COPY OF INVOICE NO.47 FOR THE SAID WORK ORDER DATED 14.3.2019. EXHIBIT P23 TRUE COPY OF AGREEMENT NO.44/EEET/KNR/2018-19 OF WORK ORDER DATED 26.11.2018. EXHIBIT P24 TRUE COPY OF INVOICE NO.46 FOR THE SAID WORK ORDER DATED 14.3.2019.

¶617

W.P.(C).Nos.35597/19 & con.cases

¶618

¶619

EXHIBIT P25 TRUE COPY OF INVOICE NO.B2B01 FOR THE WORK ORDER NO.44/EEET/KNR/2018-19 DATED 10.6.2018.

¶620

EXHIBIT P26 TRUE COPY OF AGREEMENT NO.05/BSNL/ESD/ALP/2018-19 OF WORK ORDER DATED 3.4.2018. EXHIBIT P27 TRUE COPY OF INVOICE NO.53 FOR THE SAID WORK ORDER DATED 28.3.2019. EXHIBIT P28 TRUE COPY OF LETTER ADDRESSED TO THE CHIEF ENGINEER (E), BSNL KERALA ELECTRICAL ZONE, TRIVANDRUM BY THE PETITIONER DATED 6.6.2019.

¶621

EXHIBIT P29 TRUE COPY OF PRINT OUT OF THE ARTICLE WHICH APPEARED ONLINE AT WWW.INDIATODAY.IN ON 28.9.2019.

¶622

W.P.(C).Nos.35597/19 & con.cases

¶623

¶624

APPENDIX OF WP(C) 27660/2019

¶625

PETITIONER'S/S EXHIBITS:

¶626

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE NOTICE INVITING TENDER NO. 190/BSNL/ED/EKM/2015-16 DATED 31-07-2015

¶627

EXHIBIT P2 TRUE COPY OF THE WORK ORDER DATED 0912-2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

¶628

EXHIBIT P3 TRUE COPY OF THE 5TH AND FINAL BILL APPROVED BY THE 5TH RESPONDENT

¶629

EXHIBIT P4 TRUE COPY OF THE BILL DATED 24-07-2018 SUBMITTED TO THE 3RD RESPONDENT WITH THE CORRECT BILL AMOUNT BY THE PETITIONER.

¶630

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 12-08-2019 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT

¶631

EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGE OF THE AGREEMENT SHOWING THE AMOUNTS.

¶632

EXHIBIT P7 TRUE COPY OF THE BANK GUARANTEE EXECUTED AS EMX BY THE PETITIONER

¶633

EXHIBIT P8 TRUE COPY OF THE LATEST BANK GUARANTEE EXECUTED BY THE PETITIONER FOR SECURITY DEPOSITAND THE EXTENSION LETTER ISSUED TO THE 3RD RESPONDENT.

¶634

EXHIBIT P9 TRUE COPY OF THE LATEST BANK GUARANTEEEXCUTED BY THE PETITIONER AS PERFORMANCE GUARANTEE

¶635

W.P.(C).Nos.35597/19 & con.cases

¶636

¶637

APPENDIX OF WP(C) 30701/2019

¶638

PETITIONER'S/S EXHIBITS:

¶639

EXHIBIT P1 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 22.11.2017. EXHIBIT P2 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 22.11.2017. EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 22.11.2017. EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.09.2019. EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATIONS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.09.2019. EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATIONS SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 5.10.2019. EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT IN WPC NO. 26374/2019 OF THIS HONBLE COURT DATED 24.10.2019.

¶640

W.P.(C).Nos.35597/19 & con.cases

¶641

¶642

APPENDIX OF WP(C) 30826/2019

¶643

PETITIONER'S/S EXHIBITS:

¶644

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 07.11.2019. EXHIBIT P2 TRUE COPY OF THE INVOICE NO.2018-19/04 DATED 30.06.2018. EXHIBIT P3 TRUE COPY OF THE INVOICE NO.2018-19/05 DATED 30.06.2018 EXHIBIT P4 TRUE COPY OF THE INVOICE NO.2018-19/09 DATED 27.09.2018. EXHIBIT P5 TRUE COPY OF THE INVOICE NO.2018-19/11 DATED 10.12.2018. EXHIBIT P6 TRUE COPY OF THE INVOICE NO.2018-19/12 DATED 10.12.2018. EXHIBIT P7 TRUE COPY OF THE INVOICE NO.2018-19/14 DATED 19.03.2019. EXHIBIT P8 TRUE COPY OF THE INVOICE NO. 2018-19/16 DATED 30.03.2019. EXHIBIT P9 TRUE COPY OF THE INVOICE NO. 2018-19/17 DATED 30.03.2019. EXHIBIT P10 TRUE COPY OF THE INVOICE NO. 2019-20/01 DATED 22.05.2019. EXHIBIT P11 TRUE COPY OF THE INVOICE NO.2019-20/02 DATED 16.07.2019.

¶645

W.P.(C).Nos.35597/19 & con.cases

¶646

¶647

APPENDIX OF WP(C) 31181/2019

¶648

PETITIONER'S/S EXHIBITS:

¶649

EXHIBIT P1 A TRUE COPY OF THE MEMORANDUM NO. DTD. 59(2)/2017/CEET/TVM/3737 DTD. 17.11.2017 OF THE 5TH RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE STATEMENT PREPARED BY THE PETITIONER. EXHIBIT P3 A TRUE COPY OF THE LAWYER NOTICE DTD. 4.10.2019 TO THE 3RD RESPONDENT

¶650

W.P.(C).Nos.35597/19 & con.cases

¶651

¶652

APPENDIX OF WP(C) 31202/2019

¶653

PETITIONER'S/S EXHIBITS:

¶654

EXHIBIT P1 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 1.6.2018 EXHIBIT P2 THE TRUE COPY OF THE INVOICE NO.21819/06 ISSUED BY THE BSNL DATED 14.12.2018

¶655

EXHIBIT P3 THE TRUE COPY OF THE INVOICE NO.21819/07 ISSUED BY THE BSNL DATED 6.3.2019 EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.09.2019 EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATIONS SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.09.2019

¶656

EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATIONS SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 5.10.2019 EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT IN WP(C0NO.26374/2019 OF THIS HON'BLE COURT DATED 24.10.2019

¶657

W.P.(C).Nos.35597/19 & con.cases

¶658

¶659

APPENDIX OF WP(C) 31220/2019

¶660

PETITIONER'S/S EXHIBITS:

¶661

EXHIBIT P1 A TRUE COPY OF THE MEMORANDUM NO. 59(5)/2018/CEET/TVM/1466 DTD. 7.11.2018 OF THE 5TH RESPONDENT.

¶662

EXHIBIT P2 A TRUE COPY OF THE LAWYER NOTICE DTD. 4.10.2019 TO THE 3RD RESPONDENT.

¶663

W.P.(C).Nos.35597/19 & con.cases

¶664

¶665

APPENDIX OF WP(C) 31225/2019

¶666

PETITIONER'S/S EXHIBITS:

¶667

EXHIBIT P1 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 29.3.2017. EXHIBIT P2 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 29.3.2017. EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT DATED 7.2.2018. EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.9.2019. EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 30.9.2019. EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 5.10.2019. EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.26374/2019 OF THIS HON'BLE COURT DATED 24.10.2019.

¶668

W.P.(C).Nos.35597/19 & con.cases

¶669

¶670

APPENDIX OF WP(C) 31714/2019

¶671

PETITIONER'S/S EXHIBITS:

¶672

EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO.02/EEBSNL/CD-II/EKM/2018-19. EXHIBIT P2 TRUE COPY OF THE INVOICE DATED 14.2.2019.

¶673

EXHIBIT P3 TRUE COPY OF THE AGREEMENT NO.44/EEBSNK/CD-II/EKM/2017-18. EXHIBIT P4 TRUE COPY OF THE INVOICE DATED 1.2.2019. EXHIBIT P5 TRUE COPY OF THE AGREEMENT NO.43/EEBSNL/CD-II/EKM/2017-18. EXHIBIT P6 TRUE COPY OF THE INVOICE DATED 1.2.2019. EXHIBIT P7 TRUE COPY OF THE AGREEMENT NO.45/EEBSNL/CD-II/EKM/2017-18. EXHIBIT P8 TRUE COPY OF THE INVOICE DATED 1.2.2019. EXHIBIT P9 TRUE COPY OF THE AGREEMENT NO.02/EEBSNL/CD-II/EKM/2017-18. EXHIBIT P10 TRUE COPY OF THE INVOICE DATED 7.5.2019. EXHIBIT P11 TRUE COPY OF THE AGREEMENT NO.03/EEBSNL/CD-II/EKM/2017-18. EXHIBIT P12 TRUE COPY OF THE INVOICE DATED 7.5.2019. EXHIBIT P13 TRUE COPY OF THE AGREEMENT NO.01/EEBSNL/CD-II/EKM/2017-18. EXHIBIT P14 TRUE COPY OF THE INVOICE DATED 7.5.2019. EXHIBIT P15 TRUE COPY OF THE AGREEMENT NO.40/EEBSNL/CD-II/EKM/2017-18.

¶674

W.P.(C).Nos.35597/19 & con.cases

¶675

¶676

EXHIBIT P16 TRUE COPY OF THE INVOICE DATED 15.2.2019.

¶677

EXHIBIT P17 TRUE COPY OF THE WRITTEN REQUEST ISSUED BY THE PETITIONER TO THE RESPONDENTS DATED 6.11.2019.

¶678

W.P.(C).Nos.35597/19 & con.cases

¶679

¶680

APPENDIX OF WP(C) 31925/2019

¶681

PETITIONER'S/S EXHIBITS:

¶682

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 28.09.2019 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 AND 3

¶683

EXHIBIT P2 TRUE COPY OF THE INVOICES PRODUCED BY THE PETITIONER AS AN ACCOMPANIMENT TO EXT.P1

¶684

W.P.(C).Nos.35597/19 & con.cases

¶685

¶686

APPENDIX OF WP(C) 31948/2019

¶687

PETITIONER'S/S EXHIBITS:

¶688

EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF AGREEMENT NO.22/EE/RCD/KLM/2017-18. EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF AGREEMENT NO.09/EE/BCD/KLM/2018-19. EXHIBIT P3 TRUE COPY OF THE INVOICE NO.2018-19/04 DATED 24/11/2018. EXHIBIT P4 TRUE COPY OF THE INVOICE NO.2018-19/05 DATED 16/03/2019.

¶689

W.P.(C).Nos.35597/19 & con.cases

¶690

¶691

APPENDIX OF WP(C) 32074/2019

¶692

PETITIONER'S/S EXHIBITS:

¶693

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 13.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2 AND 3

¶694

EXHIBIT P2 TRUE COPY OF THE LIST OF WORKS PRODUCED ALONG WITH EXT P1

¶695

W.P.(C).Nos.35597/19 & con.cases

¶696

¶697

APPENDIX OF WP(C) 32159/2019

¶698

PETITIONER'S/S EXHIBITS:

¶699

EXHIBIT P1 SPECIMEN AGREEMENT BETWEEN PETITIONER AND 1ST RESPONDENT DATED 29.7.2015 (TRUE COPY)

¶700

EXHIBIT P2 STATEMENT OF AMOUNTS DUE TO FOR THE PERIOD 1.9.2018 TO 16.8.2019 (TRUE COPY) DATED 29.7.2015

¶701

EXHIBIT P3 PETITIONERS LEGAL NOTICE (TRUE COPY) DATED 22.10.2019

¶702

W.P.(C).Nos.35597/19 & con.cases

¶703

¶704

APPENDIX OF WP(C) 32503/2019

¶705

PETITIONER'S/S EXHIBITS:

¶706

EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO.153/BSNL/ED/EKM/2017-18. EXHIBIT P2 TRUE COPY OF THE INVOICE DATED 13.11.2018. EXHIBIT P3 TRUE COPY OF THE INVOICE DATED 19.01.2019. EXHIBIT P4 TRUE COPY OF THE AGREEMENT NO.125/BSNL/ED/EKM/2014-15. EXHIBIT P5 TRUE COPY OF THE INVOICE DATED 01.02.2019. EXHIBIT P6 TRUE COPY OF THE AGREEMENT NO.51/BSNL/ED/EKM/2018-19. EXHIBIT P7 TRUE COPY OF THE INVOICE DATED 01.02.2019. EXHIBIT P8 TRUE COPY OF THE INVOICE DATED 11.11.2019. EXHIBIT P9 TRUE COPY OF THE AGREEMENT NO.108/BSNL/ED/EKM/2018-19. EXHIBIT P10 TRUE COPY OF THE INVOICE DATED 17.11.2019. EXHIBIT P11 TRUE COPY OF THE SAID WRITTEN REQUEST ISSUED BY THE PETITIONER TO THE RESPONDENTS DATED 11.11.2019.

¶707

W.P.(C).Nos.35597/19 & con.cases

¶708

¶709

APPENDIX OF WP(C) 32577/2019

¶710

PETITIONER'S/S EXHIBITS:

¶711

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF NOTICE INVITING TENDER ISSUED ON BEHALF OF THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE LETTER DATED 10.08.2017 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 14/08/2017 SENT BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE CONTRACT DATED 19/09/2017 ENTERED INTO BETWEEN THE PETITIONER AND THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 19/09/2017 SENT BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE WORK CERTIFICATE DATED 16/10/2019 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE IVTH PART BILL SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS FOR THE WORK COMPLETED. EXHIBIT P8 TRUE COPY OF THE FINAL BILL AS MEASURED AND ENTERED BY THE 5TH RESPONDENT FOR THE WORK COMPLETED. EXHIBIT P9 TRUE COPY OF THE REPRESENTATIONS DATED 28/11/2018 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT

¶712

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 18/06/2019 SUBMITTED BY THE PETITIOER TO THE RESPONDENTS 3 TO 5.

¶713

W.P.(C).Nos.35597/19 & con.cases

¶714

¶715

APPENDIX OF WP(C) 32610/2019

¶716

PETITIONER'S/S EXHIBITS:

¶717

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE NOTICE INVITING TENDER BEARING NUMBER NIT NO.12/CD-KTM/2017-18 ISSUED BY THE 5TH RESPONDENT ON BEHALF OF THE 6TH RESPONDENT.

¶718

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 10/08/2017 ISSUED TO THE 5TH RESPONDENT BY THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE LETTER OF ACCEPTANCE OF BID DATED 14/08/2017 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE CONTRACT DATED 19/09/2017 ENTERED INTO BETWEEN THE PETITIONER AND THE 2ND RESPONDENT FOR THE EXECUTION OF WORK AS PER THE NIT. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 19/09/2017 ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE WORK CERTIFICATE DATED 16/10/2019 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE IVTH PART BILL SUBMITTED TO THE 5TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE FINAL BILL SUBMITTED BY THE PETITIONER TO THE RESPONDENTS. EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 28/11/2018 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

¶719

¶720

W.P.(C).Nos.35597/19 & con.cases

¶721

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 18/6/19 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

¶722

W.P.(C).Nos.35597/19 & con.cases

¶723

¶724

APPENDIX OF WP(C) 33286/2019

¶725

PETITIONER'S/S EXHIBITS:

¶726

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE5TH RESPONDENT

¶727

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT

¶728

EXHIBIT P3 TRUE COPY OF THE BILL IN AGREEMENT NO.58/EE-TCD/KTM/2018-19

¶729

EXHIBIT P4 TRUE COPY OF THE TABLE CONTAINING 11 BILLS DUE TO THE PETITIONER

¶730

EXHIBIT P5 TRUE COPY OF THE INVOICE NO.2018-19/04 DATED 04.08.2018

¶731

EXHIBIT P6 TRUE COPY OF THE INVOICE NO.2018-19/12 DATED 30.03.2019

¶732

W.P.(C).Nos.35597/19 & con.cases

¶733

¶734

APPENDIX OF WP(C) 33430/2019

¶735

PETITIONER'S/S EXHIBITS:

¶736

EXHIBIT P1 A TREUE COPY OF THE REPRESENTATION DATED 04.11.2019 SENT BY PETITIONER TO THE 2ND RESPONDENT.

¶737

EXHIBIT P2 A TRUE COPY OF STATEMENT DATED 30.11.2019 FOR AMOUNT OF RS.1,84,77,954/-(RUPEES ONE CRORE EIGHTY FOUR LAKH SEVENTY SEVEN THOUSAND NINE HUNDRED AND FIFTY FOURT) ISSUED BY 4TH RESPONDENT

¶738

EXHIBIT P3 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO. 21640/2019 DATED 26.08.2019.

¶739

W.P.(C).Nos.35597/19 & con.cases

¶740

¶741

APPENDIX OF WP(C) 33435/2019

¶742

PETITIONER'S/S EXHIBITS:

¶743

EXHIBIT P1 SPECIMEN AGREEMENT BETWEEN PETITIONER AND 1ST RESPONDENT (TRUE COPY).

¶744

EXHIBIT P2

¶745

STATEMENT OF INVOICE FOR THE PERIOD OF 24-04-2018 TO 15-05-2019 AND REFUND OF EMD/SD AS ON 14-08-2019 (TRUE COPY).

¶746

W.P.(C).Nos.35597/19 & con.cases

¶747

¶748

APPENDIX OF WP(C) 33466/2019

¶749

PETITIONER'S/S EXHIBITS:

¶750

EXHIBIT P1 TRUE COPY OF SPECIMEN AGREEMENT DT 1903-2018 BETWEEN PETITIOENR AND 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF STATEMENT OF INVOICE FOR THE PERIOD OF 05-09-2018 TO 26-10-2019 ELECTRICAL. EXHIBIT P3 TRUE COPY OF STATEMENT OF EMD, SD DEPOSITS INCLUDING FDR. EXHIBIT P4 TRUE COPY OF LETTER AWARDING TENDER FOR CIVIL WORLKS TO PETITIONER. EXHIBIT P5 TRUE COPY OF STATEMENT OF INVOICE FOR THE PERIOD OF 07-05-18 TO 27-03-2019. CIVIL.

¶751

W.P.(C).Nos.35597/19 & con.cases

¶752

¶753

APPENDIX OF WP(C) 33726/2019

¶754

PETITIONER'S/S EXHIBITS:

¶755

EXHIBIT P1 SPECIMEN AGREEMENT BETWEEN PETITIONER AND 1ST RESPONDENT (TRUE COPY)

¶756

EXHIBIT P2 STATEMENT OF AMOUNTS DUE TO THE PETITIONER FOR THE PERIOD 24.08.18 TO 26.10.19 (TRUE COPY)

¶757

W.P.(C).Nos.35597/19 & con.cases

¶758

¶759

APPENDIX OF WP(C) 34741/2019

¶760

PETITIONER'S/S EXHIBITS:

¶761

EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO.15/EBSNL-CD-II/EKM/2015-16 EXHIBIT P2 TRUE COPY OF THE INVOICE DATED 26.07.2018

¶762

EXHIBIT P3 TRUE COPY OF THE WRITTEN REQUEST ISSUED BY THE PETITIONER TO THE RESPONDENTS DATED 4.11.2019

¶763

W.P.(C).Nos.35597/19 & con.cases

¶764

¶765

APPENDIX OF WP(C) 34913/2019

¶766

PETITIONER'S/S EXHIBITS:

¶767

EXHIBIT P1 TRUE RELEVANT COPY OF THE NOTICE INVITING TENDER ISSUED ON BEHALF OF THE 2ND RESPONDENT BY THE 5TH RESPONDENT.

¶768

EXHIBIT P2 TRUE COPY OF THE WORK ORDER DATED 30.06.2018 ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT.

¶769

EXHIBIT P3 TRUE COPY OF THE AGREEMENT NO.2/ED(EXTL)/2018-19 EXECUTED BETWEEN THE PETITIONER AND THE 5TH RESPONDENT. EXHIBIT P4 TRUE COPY OF BILL DATED 21.06.2019 SUBMITTED BY THE PETITIONER AND ACKNOWLEDGED BY THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF BILL DATED 30.08.2019 SUBMITTED BY THE PETITIONER AND ACKNOWLEDGED BY THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 05.11.2019 SUBMITTED BY THE PETITIONER TO RESPONDENTS 3 TO 5. EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 05.12.2019 ALONG WITH THE LEDGER ACCOUNT STATEMENT OF THE PETITIONER SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 3, 4, 5 AND 7.

¶770

EXHIBIT P8 TRUE COPY OF THE TDS CERTIFICATE OF THE PETITIONER AND THE STATEMENT SHOWING THE AMOUNT OF TDS CREDIT REFLECTED ON PETITIONER'S ACCOUNT.

¶771

W.P.(C).Nos.35597/19 & con.cases

¶772

¶773

APPENDIX OF WP(C) 34930/2019

¶774

PETITIONER'S/S EXHIBITS:

¶775

EXHIBIT P1	TRUE COPY OF THE 2018.	AGREEMENT DATED 13-04-
EXHIBIT P2	TRUE COPY OF THE 2018.	AGREEMENT DATED 29-09-
EXHIBIT P3	TRUE COPY OF THE 2016.	AGREEMENT DATED 07-06-
EXHIBIT P4	TRUE COPY OF THE	LETTER DATED NIL.
EXHIBIT P5	TRUE COPY OF THE 2019.	LETTER DATED 28-11-
EXHIBIT P6	TRUE COPY OF THE 2019.	LETTER DATED 16-11-
EXHIBIT P7	TRUE COPY OF THE THE PERIOD NOVEMB 2019.	ASSESSMENT ORDER FOR ER 2018 DATED 30-07-
EXHIBIT P7(A)	TRUE COPY OF THE THE PERIOD DECEMB 2019.	ASSESSMENT ORDER FOR ER 2018 DATED 30-07-
EXHIBIT 7(B)	TRUE COPY OF THE THE PERIOD JANUAR 2019.	ASSESSMENT ORDER FOR Y 2019 DATED 30-07-
EXHIBIT P7(C)	TRUE COPY OF THE THE PERIOD FEBRUA 2019.	ASSESSMENT ORDER FOR RY 2019 DATED 30-07-
EXHIBIT P8	TRUE COPY OF REPR 11-2019.	ESENTATION DATED 25-
EXHIBIT P9	TRUE COPY OF THE 25-11-2019 SUBMIT RESPONDENT.	REPRESENTATION DATED TED BEFORE THE 4TH

¶776

W.P.(C).Nos.35597/19 & con.cases

¶777

¶778

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 25-11-2019 SUBMITTED BEFORE THE 5TH RESPONDENT..

¶779

W.P.(C).Nos.35597/19 & con.cases

¶780

¶781

APPENDIX OF WP(C) 35721/2019

¶782

PETITIONER'S/S EXHIBITS:

¶783

EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO.28/EEBSNL-CD-I/EKM/2015-2016.

¶784

EXHIBIT P2 TRUE COY OF THE INVOICE. EXHIBIT P3 TRUE COPY OF THE WO NO.5/EECDI/BSNL/EKM/2018-19/731. EXHIBIT P4 TRUE COPY OF THE INVOICE DATED 17.7.2018. EXHIBIT P5 TRUE COPY OF THE AGREEMENT NO.16/EEBSNL-CDI/EKM/2018-19 EXHIBIT P6 TRUE COPY OF THE INVOICE DATED 1.12.2018. EXHIBIT P7 TRUE COPY OF THE WO NO.1/SDE/CSD VI/EKM/2018-19. EXHIBIT P8 TRUE COPY OF THE INVOICE DATED 1.12.2018. EXHIBIT P9 TRUE COPY OF THE AGREEMENT NO.15/EEBSNL-CD-I/EKM/2018-2019. EXHIBIT P10 TRUE COPY OF THE INVOICE DATED 1.12.2018. EXHIBIT P11 TRUE COPY OF THE WO NO.03/SDE/CSD VI/EKM/2018-19. EXHIBIT P12 TRUE COPY OF THE INVOICE DATED 1.12.2018. EXHIBIT P13 TRUE COPY OF THE AGREEMENT NO.09/EEBSNL-CD-I/EKM/2018-19. EXHIBIT P14 TRUE COPY OF THE INVOICE DATED 1.3.2019.

¶785

W.P.(C).Nos.35597/19 & con.cases

¶786

¶787

EXHIBIT P15 TRUE COPY OF THE AGREEMENT NO.41/EEBSNL-CD-II/EKM/2017-18. EXHIBIT P16 TRUE COPY OF THE INVOICE DATED 11.3.2019. EXHIBIT P17 TRUE COPY OF THE AGREEMENT NO.42/EEBSNL-CD-II/EKM/2017-18. EXHIBIT P18 TRUE COPY OF THE INVOICE DATED 11.3.2019. EXHIBIT P19 TRUE COPY OF THE AGREEMENT NO.04/SDEBSNL-CSD-VI/EKM/2018-19. EXHIBIT P20 TRUE COPY OF THE INVOICE DATED 30.3.2019. EXHIBIT P21 TRUE COPY OF THE AGREEMENT NO.28/EEBSNL-CDI/EKM/2017-18. EXHIBIT P22 TRUE COPY OF THE INVOICE DATED 30.3.2019. EXHIBIT P23 TRUE COPY OF THE AGREEMENT NO.05/EEBSNL-CDI/EKM/2018-19. EXHIBIT P24 TRUE COPY OF THE INVOICE DATED 30.3.2019. EXHIBIT P25 TRUE COPY OF THE AGREEMENT WO NO.08/SDE/CSD VI/EKM/2018-19. EXHIBIT P26 TRUE COPY OF THE INVOICE DATED 30.3.2019. EXHIBIT P27 TRUE COPY OF THE AGREEMENT NO.05/21/EEBSNL-CDI/EKM/2018-19. EXHIBIT P28 TRUE COPY OF THE INVOICE DATED 30.3.2019. EXHIBIT P29 TRUE COPY OF THE INVOICE DATED 1.12.2019.

¶788

W.P.(C).Nos.35597/19 & con.cases

¶789

¶790

EXHIBIT P30 TRUE COPY OF THE AGREEMENT NO.08/EEBSNL-CDI/EKM/2018-19. EXHIBIT P31 TRUE COPY OF THE INVOICE DATED 30.3.2019. EXHIBIT P32 TRUE COPY OF THE AGREEMENT NO.01/SDEBSNL-CSDVI/EKM/2019-20. EXHIBIT P33 TRUE COPY OF THE INVOICE DATED 4.6.2019. EXHIBIT P34 TRUE COPY OF THE AGREEMENT NO.01/SDE (C)/BCSD IV/EKM/2018-19. EXHIBIT P35 TRUE COPY OF THE INVOICE DATED 30.3.2019. EXHIBIT P36 TRUE COPY OF THE AGREEMENT NO.16/EEBSNL-CDI/EKM/2017-18. EXHIBIT P37 TRUE COPY OF THE INVOICE DATED 1.10.2019. EXHIBIT P38 TRUE COPY OF THE AGREEMENT WO NO.01/EE/CD-I/EKM/2019-20.

¶791

EXHIBIT P39 TRUE COPY OF THE INVOICE DATED 1.12.2019. EXHIBIT P40 TRUE COPY OF THE WRITTEN REQUEST DATED 12.12.2019.

¶792

W.P.(C).Nos.35597/19 & con.cases

¶793

¶794

APPENDIX OF WP(C) 652/2020

¶795

PETITIONER'S/S EXHIBITS:

¶796

EXHIBIT P1(A) TO TRUE COPIES OF THE WORK ORDERS ISSUED P1(I) BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P2 (A) TO TRUE COPIES OF THE FINAL BILLS P2(I) SUBMITTED BY THE PETITIONER BEFORE THE PETITIONER BEFORE THE GENERAL MANAGER,BSNL, MALAPPURAM EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 15.11.2019 IN WPC NO.27216/2019 OF THIS HON'BLE COURT

¶797

W.P.(C).Nos.35597/19 & con.cases

¶798

¶799

APPENDIX OF WP(C) 813/2020

¶800

PETITIONER'S/S EXHIBITS:

¶801

EXHIBIT P1 TRUE COPY OF THE CONTRACT AGREEMENT BETWEEN M/S BSNL AND PETITIONER AT ERNAKULAM ON 3.4.2017 EXHIBIT P1(A) TRUE COPY OF THE CONTRACT AGREEMENT BETWEEN M/S BSNL AND PETITIONER AT ERNAKULAM ON 30.4.2017 EXHIBIT P2 TRUE COPY OF THE MUTUAL NON-DISCLOSURE AGREEMENT DATED 9.8.2016 EXHIBIT P2(A) TRUE COPY OF THE AGREEMENT DATED 30.4.2019 BETWEEN BSNL AND THE PETITIONER COMPANY EXHIBIT P3 TRUE COPY OF THE SERVICE CONTRACT AGREEMENT DATED 30.1.2017 BETWEEN BSNL AND THE PETITIONER COMPANY EXHIBIT P4 TRUE COPY OF THE SERVICE CONTRACT AGREEMENT DATED 26.3.2018 BETWEEN PETITIONER COMPANY AND THE BSNL EXHIBIT P5 TRUE COPY OF THE MUTUAL NON-DISCLOSURE AGREEMENT DATED 30.5.2016 EXHIBIT P6 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 2.11.2019 EXHIBIT P7 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 30.10.2019 EXHIBIT P8 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 1.11.2019 EXHIBIT P9 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 2.11.2019

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W.P.(C).Nos.35597/19 & con.cases

¶803

¶804

EXHIBIT P10 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 4.11.2019 EXHIBIT P11 TRUE COPY OF THE RELEVANT EXTRACT OF CERTIFICATE APPROVED BY NSIC DATED 4.3.2015 EXHIBIT P11(A) TRUE COPY OF THE ACKNOWLEDGEMENT OF EXT P11. EXHIBIT P12 TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER TO THE RESPONDENTS DATED 26.11.2019 EXHIBIT P13 TRUE COPY OF THE REPLY LETTER ISSUED BY THE RESPONDENTS DATED 16.12.2019

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True copy

¶806

PS to Judge

Nadesh Kumar.O.K, v. the General Manager

Case brief

What is this about?

What did the court decide?

Nadesh Kumar.O.K, v. the General Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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