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S.Ambrose and Company, v. the General Manager

Kerala HC3 Mar 2021WP(C)/3631/2021

Case brief

AI extract

What is this about?

The petitioner, a railway contractor, filed a writ petition seeking payment of the pending second part bill amount. The court directed the respondents to pay the due amount within two months from the date of receiving the judgment copy after confirming the debt.

What did the court decide?

Direction to the respondents to make the payment due to the petitioner within a period of 2 months from the date of receipt of a copy of this judgment.

S.Ambrose and Company, Vs the General Manager — 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 SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

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WP(C).No.3631 OF 2021(D)

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PETITIONER:

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S.AMBROSE AND COMPANY, 10/188, PARUTHIKOTTAVILAI, KUNNAMPARAI JUNCTION, KATTATHURA P.O., KANYAKUMARI DISTRICT-629158, REPRESENTED BY ITS MANAGING PARTNER JOHNY BECKER, AGED 46 YEARS, S/O. ABROSE, 10/188, PARUTHIKOTTAVILAI, MUNNAMPARAI JUNCTION, KATTATHURA P.O., KANYAKUMARI DISTRICT-629158, TAMIL NADU.

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BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU

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RESPONDENTS:

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1 THE GENERAL MANAGER, SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN, CHENNAI-600003.

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2 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION), SOUTHERN RAILWAY, EGMORE, CHENNAI-600003. 3 THE DEPUTY CHIEF ENGINEER-II (CONSTRUCTION), SOUTHERN RAILWAY, THIRUVANANTHAPURAM-695014.

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R1-3 BY SRI.S.ANANTHAKRISHNAN, SC, RAILWAYS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3631 OF 2021(D) 2

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P.V.ASHA, J .

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----------------------------------------------------- W.P(c) No. 3631 of 2021 ---------------------------------------------------- Dated this the 03^rd day of March, 2021

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J U D G M E N T

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The petitioner is a running Railway contractor, which has undertaken the works provided by Ext.P1 acceptance and Ext.P2 agreement. The petitioner has submitted that the entire work was completed by December, 2020. The writ petition is filed, aggrieved by the delay in payment of the amount due to the petitioner towards the 2^nd part bill.

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The learned counsel for the Railway, Adv.S.Ananthakrishnan, has filed a statement stating that the payment was held up since the expenditure exceeded the sanctioned estimate of the project. It is stated that the matter is under process of revision and would be completed within a short period and the admissible amount due to the petitioner would be released after due process within 3 months on getting approval from the competent authority. It is also stated that the GST invoices submitted by the petitioner needed correction in respect of the amount in relation to the bill amount and GST number .

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The learned counsel for the petitioner submits that appropriate correction would be made on the GST invoices and the same would be submitted before the respondents within one week.

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As the respondents do not dispute the work carried out by the petitioner and also

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the fact that the amount is due to the petitioner towards the work done, there shall be

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WP(C).No.3631 OF 2021(D) 3

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direction to the respondents to make the payment due to the petitioner within a period of

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2 months from the date of receipt of a copy of this judgment.

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Sd/-

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(P.V.ASHA, JUDGE)

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rps/

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WP(C).No.3631 OF 2021(D) 4

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 01/12/2018.
EXHIBIT P2	TRUE COPY OF THE RELEVANT PAGE OF THE AGREEMENT DATED 21/03/2019.
EXHIBIT P3	TRUE COPY OF THE SECOND PART BILL DATED 05/01/2021 SUBMITTED BY THE PETITIONER.
EXHIBIT P4	TRUE COPY OF THE LETTER DATED 22/01/2021 ISSUED BY THE 3RD RESPONDENT.
//TRUE COPY//	PA TO JUDGE

S.Ambrose and Company, v. the General Manager

Case brief

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S.Ambrose and Company, v. the General Manager

Case brief

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