Disposed

K.R.Baiju v. the General Manager

Kerala HC1 Mar 2021WP(C)/1990/2021

Case brief

AI extract

What is this about?

This case involved a writ petition filed by a contractor against Southern Railway officials for delayed payment of the final bill balance and GST neutralization amount. The court directed respondent officials to make the final payment within six weeks and process the GST claim within three months.

What did the court decide?

Direction to respondents 4 and 5 to make balance payment within six weeks and process GST neutralization claim within three months.

K.R.Baiju Vs the General Manager — Service and Employment | Kerala HC (2021)

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WP(C).No.1990 OF 2021(W)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

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WP(C).No.1990 OF 2021(W)

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PETITIONER:

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K.R.BAIJU AGED 48 YEARS

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S/O. RAGHAVAN, KODATH HOUSE, CHOWARA P.O, NEDUVANNOOR, ALUVA, ERNAKULAM 683 571

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BY ADV. SRI.S.SHANAVAS KHAN

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RESPONDENTS:

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1 THE GENERAL MANAGER

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SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN CHENNAI 600 003

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2 THE CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION) SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN, EGMORE, CHENNAI 600 003

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3 THE CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION) SOUTHERN RAILWAY, ERNAKULAM 682 016

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4 THE CHIEF ENGINEER (SOUTH) SOUTHERN RAILWAY, ERNAKULAM 682 016

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5 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION -1) SOUTHERN RAILWAY, ERNAKULAM 682 016

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6 THE DEPUTY FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION) SOUTHERN RAILWAY, ERNAKULAM 682 016

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BY SRI.MATHEW BOBBY KURIAN, SC, RAILWAYS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1990 OF 2021(W)

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J U D G M E N T

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Petitioner is a Contractor, who had undertaken

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the work of Doubling of track between Mulanthuruthy and Kuruppanthara-Proposed balance works as per MOU with Trivandrum division, construction of connection road for closing of LC No.13 and proposed RCC wall on both side approaches of Br.No.409 etc. between Mulanthuruthy and Piravom Road stations. The complaint of the petitioner is that the balance amount due towards the final bill to the tune of Rs.4,31,349/- is yet to be paid. Apart form that it is claimed that a sum of Rs.8,09,135/- is also due towards GST neutralization.

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Shri Mathew B. Kurian, learned counsel for the Railway on instructions submits that further period of 4 months would be taken for payment of the balance amount. Regarding the GST neutralization, it is stated that petitioner has to submit separate

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WP(C).No.1990 OF 2021(W)

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application in the prescribed form and only on receipt of the same it can be processed and it will take further time, as only after verification of the same and on completion of all procedural formalities, orders can be passed and payment can be effected on the said claim.

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As rightly pointed out by the learned

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counsel for the petitioner the work was already completed in 2018; the respondents have no dispute over the work done; the payment which is due and

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claimed by the petitioner is towards balance. Regarding the claim towards GST neutralization, learned counsel for the petitioner submitted that the claim would be raised in the prescribed form within a period of 'two weeks'.

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Therefore there shall be a direction to

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respondents 4 and 5 to see that balance payment towards final bill is made within a period of 'six weeks' from the date of receipt of a copy of the

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WP(C).No.1990 OF 2021(W)

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judgment. The respondent shall take appropriate action to process the claim of petitioner for GST neutralization and complete all the formalities for payment of the same within a period of 'three months'.

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This writ petition is disposed of accordingly.

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Sd/- P.V.ASHA, JUDGE

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WP(C).No.1990 OF 2021(W)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGE OF THE WORKS CONTRACT ISSUED IN FAVOUR OF THE PETITIONER.

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EXHIBIT P2 TRUE COPY OF FINAL BILL SUBMITTED BY THE PETITIONER ON 23-03-2019

K.R.Baiju v. the General Manager

Case brief

What is this about?

What did the court decide?

K.R.Baiju v. the General Manager

Case brief

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What did the court decide?

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