Surichetty Poornachandra Rao vs. Kerala State Civil Supplies Corporation LTD

WP(C)/10200/2024HC KeralaGSTCNR KLHC01091283202414 March 2024Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN6 pages
AI SummaryAllowed

Held

The Court directed SUPPLYCO's competent authority to consider the petitioner's application and pay advices, hear the petitioner, and issue an order within one month. If amounts are found due, they must be disbursed within two months, failing which 8% p.a. interest will apply. The petitioner's claim for higher interest was reserved for future action.

Facts

The petitioner, a GST-registered supplier, sought a High Court direction for the Kerala State Civil Supplies Corporation (SUPPLYCO) to pay outstanding amounts for supplies made, as per pay advices and an application, along with 18% interest. SUPPLYCO stated it had no instructions on the claim's veracity but was willing to hear the petitioner.

Key Issues

Whether the Kerala State Civil Supplies Corporation was obligated to immediately pay the petitioner's outstanding dues for supplies, and if so, at what interest rate for delayed payments.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 WP(C) NO. 10200 OF 2024 PETITIONER: SURICHETTY POORNACHANDRA RAO, AGED 40 YEARS SOLE PROPRIETOR OF 'SRI POORNA CHANDRA AND CO.', BUILDING NO. 63/ 1050, CHAMMATH ROAD, ELAMKULAM, ERNAKULAM, KOCHI, [FORMERLY AT 63/ 1736, 2ND FLOOR, NEAR CIVIL SUPPLIES CORPORATION, GANDHI NAGAR, ERNAKULAM] THROUGH HIS POWER OF ATTORNEY HOLDER, B. KOTHANDARAMAN., PIN - 682017 R.MURALEEDHARAN DR.ANIES GEORGE RESPONDENTS: 1 KERALA STATE CIVIL SUPPLIES CORPORATION LTD MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, ERNAKULAM, COCHIN, REPRESENTED BY ITS MANAGING DIRECTOR - 682020 2 THE MANAGER (PURCHASE), KERALA STATE CIVIL SUPPLIES CORPORATION LTD. , MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR, ERNAKULAM,COCHIN, PIN - 682020 3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN - 695001 SMT. MOLLY JACOB, SC FOR R1 & R2, SRI.SUNIL K.KURIAKOSE, GP FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED

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