Disposed

S.R.S. Dhanabalan, v. the Chief General Manager

Madras HC22 Apr 2013WP(MD)/3304/2013

Case brief

AI extract

What is this about?

This judgment disposes two writ petitions filed by a contractor against Bharat Sanchar Nigam Ltd. seeking payment of pending bills and refund of security deposits. The court directed the respondent to consider the payment request within one year.

What did the court decide?

The respondent directed to consider the payment request expeditiously and in any case within one year from the date of order.

S.R.S. Dhanabalan, Vs the Chief General… — Contract and Commercial Disputes | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2013

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CORAM:

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THE HON'BLE MR.JUSTICE K.K.SASIDHARAN

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WRIT PETITION (MD) Nos.3304 and 3305 of 2013

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S.R.S.Dhanabalan .. Petitioner in both petitions

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Vs.

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1.The Chief General Manager, Bharat Sanchar Nigam Ltd., Anna Salai, Chennai.

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2.The General Manager, Bharat Sanchar Nigam Ltd., Virudhunagar, Virudhunagar District. .. Respondents in both petitions

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Prayer in W.P.(MD) No.3304 of 2013: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to make payment of the bill amounts and earnest money deposit and security deposit amounting to the tune of Rs.14,98,182/- to the petitioner with interest at the rate of 12% p.a. towards the execution of underground cable construction in VGRSSA work pursuant to the notice inviting tender issued by the 2nd respondent in NIT No.N3/Cable Tender/08-09/1 dated 12.06.2008 within a time frame fixed by this Hon'ble Court.

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Prayer in W.P.(MD) No.3305 of 2013: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to make payment of the bill amount and earnest money deposit and security deposit amounting to the tune of Rs.9,36,659/- to the petitioner with interest at the rate of 12% p.a. towards the execution of the work namely providing labour assistance and consumable materials to BSNL staff for carrying out jointing of various capacities of underground cable for U/G cable maintenance works in Virudhunagar SSA, pursuant to the tender notice issued by the 2nd respondent in tender No.N3/Tender-Cable Jointing-2009-10/1 dated 31.07.2009 within a time frame fixed by this Hon'ble Court.

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For Petitioner : Mr.B.Saravanan

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For Respondents : Mr.K.Govindarajan Standing Counsel for the respondents

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COMMON ORDER

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https://hcservices.ecourts.gov.in/hcservices/ These writ petitions at the instance of a contractor, seek a writ of mandamus to direct Bharat Sanchar Nigam Ltd., to pay the pending bill amount and to refund the security deposit.

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The petitioner was given contract by the Bharat Sanchar Nigam

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Ltd., (hereinafter referred to as BSNL). According to the petitioner after completing the work, he made a request to pay the amount. However, there was no follow up action taken by BSNL. The bills were kept pending stating strange reasons, including submission of false claims without actual execution of work. In the meantime, the petitioner was given notice for black listing. Thereafter, he was black listed. The said period also expired now. The petitioner wanted the BSNL to pay the entire amount due to him.

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The Assistant General Manager, BSNL filed a counter affidavit

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indicating that the BSNL requires one year period to examine the work done by the petitioner and the bills so as to make him payment. According to BSNL, the petitioner submitted bogus bills and as such all these bills have to be verified with reference to the work done by him and for the said purpose one year time is required.

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The second respondent is directed to consider the request of

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the petitioner for payment of the amount due to him as expeditiously as possible and in any case within a period of one year from today.

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The Writ Petitions are disposed of with the above direction. No costs.

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Sd/-

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Assistant Registrar(CO)

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/True Copy/

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Sub Assistant Registrar

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1.The Chief General Manager, Bharat Sanchar Nigam Ltd., Anna Salai, Chennai.

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2.The General Manager, Bharat Sanchar Nigam Ltd., Virudhunagar, Virudhunagar District.

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+2 Ccs to Mr.B.Saravanan, Advocate (SR.Nos.23045 & 23046)

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WRIT PETITION (MD) Nos.3304 and 3305 of 2013 22.04.2013

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sj NSV/28.5.13/2P/5C

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https://hcservices.ecourts.gov.in/hcservices/

S.R.S. Dhanabalan, v. the Chief General Manager

Case brief

What is this about?

What did the court decide?

S.R.S. Dhanabalan, v. the Chief General Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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