Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI WEDNESDAY, THE 22ND DAY OF MARCH 2023 / 1ST CHAITHRA, 1945 WP(C) NO. 9146 OF 2023 PETITIONER:
KURIAN & VARGHESE, ENGINEERS & CONTRACTORS, THACHAMPURATH, SERVICE CO-OPERATIVE BANK BUILDING, MULANTHURUTHY PO, ERNAKULAM DISTRICT, PIN: 682 314, REPRESENTED BY ITS PARTNER T.V VARGHESE RESIDING AT THACHAMPURATH, KARICODE, MULAMTHURUTHY, ERNAKULAM DIST. PIN: 682 314.
BY ADV SAJI VARGHESE KAKKATTUMATTATHIL RESPONDENTS:
1 UNION OF INDIA MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI-110001, REPRESENTED BY ITS SECRETARY.
2 GARRISON ENGINEER (NW) KOCHI, MILITARY ENGINEER SERVICES, KATARI BAGH, NAVAL BASE, KOCHI-682 004.
BY ADVS.
MANU S. DSG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9146 OF 2023 2 T.R. RAVI, J.
-------------------------------------------- W. P. (C). No.9146 of 2023 -------------------------------------------- Dated this the 22nd day of March, 2023 JUDGMENT Admit. DSGI takes notice for the 1st respondent. Notice to the 2nd respondent is dispensed with.
2.
The petitioner has approached this Court seeking time to pay the excess amount received towards GST component. The payment was on the basis that the GST component would be 18% and the same was actually reduced to 12% providing the petitioner with a 6% benefit, which is to be refunded.
In the light of the averments in the writ petition and after hearing the petitioner and the counsel for the respondents, this writ petition is disposed of directing the petitioner to pay off the amounts which needs to be refunded in 10 equal monthly instalments, the 1st instalment falling due on or before 22.04.2023 and the subsequent instalments falling due on or before the 22nd of the succeeding months. The respondent shall inform the petitioner about the correct amount which is to be paid.
Sd/- T.R. RAVI
JUDGE Pn
WP(C) NO. 9146 OF 2023 3 APPENDIX OF WP(C) 9146/2023 PETITIONER'S EXHIBITS Exhibit1 TRUE COPY OF THE CERTIFICATE DATED 01.05.2020 ISSUED BY THE 2ND RESPONDENT Exhibit2 TRUE COPY OF THE NOTICE DATED 07.02.2023 ISSUED BY THE 2ND RESPONDENT Exhibit3 TRUE COPY OF THE LETTER DATED 25.02.2023 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit4 TRUE COPY OF THE REPRESENTATION DATED 08.03.2023 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT