Partly allowed

Gm Engineers and Contractors v. State of Kerala

Kerala HC16 Dec 2021WP(C)/29188/2021

Case brief

AI extract

What is this about?

This writ petition was filed by a sub-contractor seeking disbursement of Net GST Compensation for completed bridge work. The Court directed the 7th respondent to consider the petitioner's representation and pay the dues within three months.

What did the court decide?

Direction to the 7th respondent to consider the representation and disburse the Net GST Compensation due to the petitioner within three months.

Gm Engineers and Contractors Vs State of Kerala — Banking and Recovery | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

¶4

THURSDAY, THE 16^TH DAY OF DECEMBER 2021/25TH AGRAHAYANA, 1943

¶5

WP(C) NO. 29188 OF 2021

¶6

PETITIONER/S:

¶7

GM ENGINEERS AND CONTRACTORS HAVING ITS REGISTERED OFFICE AT PLOT NO.26, VRINDAVAN COLONY, ERNAKULAM - 682 019, REPRESENTED BY ITS MANAGING PARTNER.

¶8

BY ADV BIJU MATHEW

¶9

RESPONDENT/S:

¶10

1 STATE OF KERALA

¶11

REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCIAL TAXES, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

¶12

2 THE KERALA STATE CONSTRUCTION CORPORATION LTD. HAVING ITS REGISTERED OFFICE AT DOOR NO.30/1521, A BAY UNDER THE BRIDGE, NORTHERN SIDE OF RAILWAY PONNURUNNY, VYTTILA, KOCHI - 682 019, REPRESENTED BY ITS MANAGING DIRECTOR.

¶13

3 THE GENERAL MANAGER KERALA STATE CONSTRUCTION CORPORATION LTD., DOOR NO.30/1521, A BAY UNDER THE BRIDGE, NORTHERN SIDE OF

¶14

RAILWAY PONNURUNNY, VYTTILA, KOCHI - 682 019.

¶15

4 THE REGIONAL MANAGER

¶16

KERALA STATE CONSTRUCTION CORPORATION LTD., KANNUR REGIONAL OFFICE, HOUSE NO.2, AKG HOUSING COLONY, NEAR PALAKKAD SWAMY MADAM, KAKKAD ROAD, KANNUR - 670 002.

¶17

5 THE CHIEF ENGINEER PWD (ROADS & BRIDGES), PUBLIC OFFICE, VELLAYAMBALAM, THIRUVANANTHAPURAM- 695 033.

¶18

6 THE SUPERINTENDING ENGINEER PWD (ROADS & BRIDGES), NORTH CIRCLE, PWD COMPLEX,

¶19

WP(C) NO. 29188 OF 2021

¶20

¶21

MANACHIRA, KOZHIKODE - 673 001.

¶22

7 THE EXECUTIVE ENGINEER PWD (ROADS DIVISION), PWD COMPLEX, PULIKKUNNU, KASARAGODE - 671 121.

¶23

SMT. THUSHARA JAMES, SR.GP

¶24

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶25

WP(C) NO. 29188 OF 2021

¶26

¶27

J U D G M E N T

¶28

The petitioner is the sub-contractor in respect of the

¶29

work of a 'Bridge at Kottappuram across Thejaswani River connecting Cheruvathur and Neeleswaram Grama Panchayat', awarded to the 2^nd respondent has entered into Ext.P1 agreement with the 6^th respondent and completed the said work on 11.03.2018. The petitioner has remitted 12% of the bills received towards GST in respect of the said work. However, the 'Net GST Compensation' for the work is not so far disbursed to the petitioner. The writ petition is filed by the petitioner requesting to disburse the Net GST Compensation as per Ext.P3 Government Order. The petitioner has filed Ext.P4 representation for disbursement of the Net GST Compensation. The limited prayer of the petitioner is for a consideration of Ext.P4 in the light of Ext.P3 Government

¶30

Order.

¶31

WP(C) NO. 29188 OF 2021

¶32

¶33

Heard the learned Counsel for the petitioner and the learned Government Pleader for the respondents.

¶34

On a consideration of the facts and circumstances of

¶35

the case and the submission made across the bar and in the nature of the limited prayer sought for, there will be a direction to the 7^th respondent to consider Ext.P4 in the light of Ext.P3 Government Order and disburse the amounts due to the petitioner, within a period of three months from the date of receipt of a copy of this judgment.

¶36

The writ petition is disposed of accordingly.

¶37

Sd/-

¶38

MURALI PURUSHOTHAMAN JUDGE

¶39

¶40

WP(C) NO. 29188 OF 2021

¶41

¶42

APPENDIX OF WP(C) 29188/2021

¶43

PETITIONER EXHIBITS

¶44

Exhibit P1 TRUE COPY OF THE AGREEMENT NO.CC/GM/290 DATED 05/08/2013. Exhibit P2 TRUE COPY OF THE TABULAR SHEET SHOWING DETAILS OF PAYMENTS RECEIVED ON THE WORKS UNDERTAKEN BY THE PETITIONER. Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 27/01/2018. Exhibit P4 TRUE COPY OF THE LATEST REPRESENTATION DATED 02/12/2021 ISSUED BY THE PETITIONER TO THE RESPONDENTS 2 & 7.

¶45

Exhibit P5 TRUE COPY OF THE DIRECTION DATED 27/12/2018 ISSUED BY THE 2ND RESPONDENT TO THE RESPONDENTS 3 & 4.

¶46

// True Copy // PA To Judge

Gm Engineers and Contractors v. State of Kerala

Case brief

What is this about?

What did the court decide?

Gm Engineers and Contractors v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Abdul Saleem @ Saleem Vs Mohammed Shareef

Haridas a v Vs the Manager, United India Insurance Co. Ltd, Calicut

C.G. George Vs the State Tax Officer

Peter Kuriakose Vs State of Kerala

Peter Kuriakose Vs State of Kerala

The Malanad Service Co-Operative Bank Ltd. No. K. 340, Vs the Income Tax Officer