Disposed

S & C Multi Commercials Pvt. Ltd. v. Bharat Sanchar Nigam Limited

Kerala HC2 Sept 2021WP(C)/14991/2021

Case brief

AI extract

What is this about?

Petitioner sought directions to return the Earnest Money Deposit and interest after work execution. Counsel for the first respondent submitted the deposit was returned on 02.08.2021. Writ petition was closed without prejudice to the right to claim interest.

What did the court decide?

Writ petition closed without prejudice to the right to claim interest on the Earnest Money Deposit.

S & C Multi Commercials Pvt. Ltd. Vs Bharat… — Contract and Commercial Disputes | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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THURSDAY, THE 2^ND DAY OF SEPTEMBER 2021 / 11TH BHADRA,

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1943

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WP(C) NO. 14991 OF 2021

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PETITIONER:

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S & C MULTI COMMERCIALS PVT. LTD., GROUND FLOOR, SSK ENCLAVE, DEEVAR ROAD, PERUMANOOR P.O., KOCHI-682015, REP. BY GENERAL MANAGER, HARIHARAN.K.

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BY ADVS. S.GOPAKUMAR T.M.BINITHA

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RESPONDENTS:

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1 BHARAT SANCHAR NIGAM LIMITED, (GOVERNMENT OF INDIA UNDERTAKING) BSNL CORPORATE OFFICE, HARISH CHANDRA, MATHUR LANE, JANPATH, NEW DELHI-110001, REP. BY MANAGING DIRECTOR.

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2 THE GENERAL MANAGER, BSNL, CULLEN RD, NEAR PITCHU IYER JUNCTION, ALAPPUZHA, KERALA-688011.

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3 ASSISTANT GENERAL MANAGER (PLANNING), BSNL, CULLEN RD, NEAR PITCHU IYER JUNCTION, ALAPPUZHA, KERALA-688011.

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4 ASSISTANT GENERAL MANAGER (ADMN.), BSNL, CULLEN RD, NEAR PITCHU IYER JUNCTION, ALAPPUZHA, KERALA-688011.

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ADV MATHEWS K.PHILIP SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.14991 of 2021

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W.P.(C) No.14991 of 2021

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J U D G M E N T

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The petitioner has undertaken a work of the first respondent. Though the work has been executed satisfactorily and the payments due to the petitioner have been disbursed in full, the Earnest Money Deposit furnished by the petitioner has not been returned. The petitioner, therefore, seeks appropriate directions to the fourth respondent to return the Earnest Money Deposit in respect of the work referred to in the writ petition with interest.

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When this matter was taken up, the learned counsel for the first respondent submitted, on instructions, that the Earnest Money Deposit in respect of the work has been returned to the petitioner on 02.08.2021.

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In the circumstances, the writ petition is closed without prejudice to the right of the petitioner to institute appropriate proceedings, if so advised, for recovery of interest on the Earnest Money Deposit.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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W.P.(C) No.14991 of 2021

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APPENDIX OF WP(C) 14991/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE DD FOR RS.4,95,000/DATED 22.11.2018 IN THE NAME OF AO, BSNL.

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Exhibit P2 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 23.03.2019 ISSUED BY THE PETITIONER DEMANDING REFUND/RETURN OF EMD. Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER DATED 02.12.2020 TO RESPONDENT NO.3 DEMANDING REFUND/RETURN OF EMD.

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Exhibit P4 TRUE COPY OF REPLY LETTER ISSUED BY THE RESPONDENT NO.4 DATED 10.12.2020 AGAINST EXT.P3.

S & C Multi Commercials Pvt. Ltd. v. Bharat Sanchar Nigam Limited

Case brief

What is this about?

What did the court decide?

S & C Multi Commercials Pvt. Ltd. v. Bharat Sanchar Nigam Limited

Case brief

What is this about?

What did the court decide?

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