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M/S. Antech Construction Company vs. The Superintending Engineer

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WP(C)/25689/2018HC KeralaGSTCNR KLHC01057276201803 August 2018Bench: HONOURABLE MRS. JUSTICE ANU SIVARAMAN4 pages

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 3RD DAY OF AUGUST 2018 / 12TH SRAVANA, 1940 WP(C).No. 25689 of 2018 PETITIONER(S) M/S. ANTECH CONSTRUCTION COMPANY, OMBALAYIL, KOLENCHERRY, REPRESENTED BY THE MANAGING PARTNER MR. ANISH MARKOSE, AGED 37, S/O. O.P. MARKOSE, OMBALAYIL HOUSE, KOLENCHERRY, PIN - 682311. BY ADVS.SRI.A.B.JALEEL SRI.A.J.SHAHEER RESPONDENT(S): 1. THE SUPERINTENDING ENGINEER, GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA), KADAVANTHRA, KOCHI - 682020. 2. THE SECRETARY, GREATER COCHIN DEVELOPMENT AUTHORITY, GCDA BUILDING, KADAVANTHRA, KOCHI - 682020. R BY SRI.V.RAJASEKHARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkj WP(C).No. 25689 of 2018 (I) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE TENDER NO.E2/1190/2016/GCDA. EXHIBIT P2 THE TRUE COPY OF THE INFORMATION DATED 16.08.2017. EXHIBIT P3 AGREEMENT SCHEDULE. EXHIBIT P4 THE TRUE COPY OF THE SUPPLEMENTARY AGREEMENT DATED 16.09.2017. EXHIBIT P5 THE TRUE COPY OF THE COMPLETION REPORT PREPARED BY THE GCDA, OBTAINED BY THE PETITIONER ON APPLICATION. EXHIBIT P6 THE TRUE COPY OF THE LETTER OF THE PETITIONER REQUESTING THE 1ST RESPONDENT TO REIMBURSE THE GST AT THE EARLIEST. EXHIBITP7 THE TRUE COPY OF THE OTHER LETTER DATED 12.3.2018. RESPONDENTS' EXHIBITS NIL // TRUE COPY // PA TO JUDGE ANU SIVARAMAN, J. -------------------------------- W.P.(C) No. 25689 of 2018 --------------------------------- Dated this the 3rd day of August, 2018

J U D G M E N T ------------------ The petitioner has approached this Court seeking the following prayers:- i) issue a writ of mandamus or other writ, direction or order commanding the 1st respondent to consider Ext.P6, and Ext.P7 and to disburse the retained 20% from the amount of Rs.1,44,95,705/- (Rupees one crore forty four lakhs Ninety five thousand Seven hundred and five only) covered by the final bill for the work “BM and BC works for Ring Road around JNI stadium Kaloor” as per Ext.P1 Notice Inviting Tender. ii) Issue a writ of certiorari or other appropriate writ direction or order calling for the records leading to the work “BM and BC works for Ring Road around JNI stadium Kaloor” and declare that the 1st respondent has no authority to deduct 20% amount from the Final bill of the petitioner towards GST and to, return the same to the petitioner.

2.

Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent authority.

3.

It is submitted by the learned counsel for the petitioner that Exts.P6 and P7 representations are pending

W.P.(C) No. 25689 of 2018 2 before the first respondent seeking repayment of the amounts collected as GST from the petitioner.

4.

The learned Standing Counsel appearing for the respondents would submit that orders shall be passed on Exts.P6 and P7 representations by the first respondent without further delay. In the above view of the matter, there will be a direction to the first respondent to take up, consider and pass appropriate orders on Exts.P6 and P7 representations, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. ANU SIVARAMAN JUDGE rmm //// P.A. To Judge

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.