M.A.James vs. The Regional Agro-Industrial Development Co-Operative Of Kerala LTD.
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THUR AY, THE 10TH DAY OF FEBRUARY 2022 / 21ST MAGHA, 1943 WP(C) NO. 3196 OF 2022 PETITIONER: M.A.JAMES AGED 63 YEARS S/O.ANTONY, MANAGING PARTNER, MANNASSERIL FOUNDRY, ULLALA, THALAYAZHAM P.O., VAIKOM, KOTTAYAM DISTRICT, PIN-686607. RESPONDENTS: 1 THE REGIONAL AGRO-INDUSTRIAL DEVELOPMENT CO-OPERATIVE OF KERALA LTD. P.B.NO.407, S.P.C.A.ROAD, KANNUR-670002, REPRESENTED BY ITS MANAGING DIRECTOR. 2 MANAGING DIRECTOR, THE REGIONAL AGRO-INDUSTRIAL DEVELOPMENT CO-OPERATIVE OF KERALA LTD., P.B.NO.407, S.P.C.A.ROAD, KANNUR- 670002. SRI.M.SASINDRAN- R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3196 OF 2022 2 P.V.KUNHIKRISHNAN, J ------------------------------- W.P.(C)No. 3196 of 2022 -------------------------------- Dated this the 10th day of February, 2022 JUDGMENT The above writ petition is filed with the following prayers: “(i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse the admitted bill amount comprised in Ext.P5, with interest minimum at the rate of 8% per annum with effect from the date of supply of goods and services, forthwith; (ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to consider and dispose of Ext.P5 representation, with notice to the petitioner forthwith; (iii) Issue such other writ, order or direction which may deem fit in the facts and circumstances of the case.”
Petitioner is the Managing Partner of M/s. Mannasseril Foundry, a small scale industry, registered with the entrepreneurs memorandum for setting up
WP(C) NO. 3196 OF 2022 3 micro, small or medium enterprises. It is the case of the petitioner that the respondents used to assign various works to the enterprise. Ext.P4 series are some of the purchase orders produced by the petitioner. In connection with the services rendered by the enterprise to the respondents, it is the case of the petitioner that the enterprise has to get an amount of Rs.37,29,049/-. The petitioner submitted Ext.P5 representation before the 2nd respondent. Since there is no response from the 2nd respondent, this writ petition is filed.
Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
The learned counsel for the petitioner reiterated his contentions in the writ petition. The counsel submitted that there is no dispute about the amount. The counsel submitted that he will be satisfied, if a directions is issued to the 2nd respondent to consider Ext.P5 within a time frame.
WP(C) NO. 3196 OF 2022 4
The learned Standing counsel on the other hand submitted that there is some dispute about the amount and the respondents will consider Ext.P5 after giving an opportunity of hearing to the petitioner and pass appropriate orders in it, in accordance to law. In the light of the above submission, this writ petition is disposed of in the following manner: (i) The 2nd respondent is directed to consider Ext.P5 as expeditiously as possible at any rate, within one month from the date of receipt of a copy of this judgment. (ii) Before passing final orders in Ext.P5, the 2nd respondent will give an opportunity of hearing to the petitioner. (iii) The hearing can be held either virtually or physically. P.V.KUNHIKRISHNAN JUDGE DM
WP(C) NO. 3196 OF 2022 5 APPENDIX OF WP(C) 3196/2022 PETITIONER EXHIBITS EXHIBIT P1OF THE ACKNOWLEDGMENT OF REGISTRATION OF THE PETITIONER'S ENTERPRISE DATED 25.9.2009. EXHIBIT P2OF THE UDYOG AADHAAR OF THE PETITIONER'S
ENTERPRISE
DATED 30.12.2016. EXHIBIT P3OF THE GST REGISTRATION CERTIFICATE OF THE PETITIONER'S ENTERPRISE DATED 21.9.2017. EXHIBIT P4OF THE PURCHASE ORDER DATED 21.1.2019
ISSUED
BY THE 1ST RESPONDENT. EXHIBIT P4(A)OF THE PURCHASE ORDER DATED 26.3.2019
ISSUED
BY THE 1ST RESPONDENT. EXHIBIT P4(B)OF THE PURCHASE ORDER DATED 28.8.2019
ISSUED
BY THE 1ST RESPONDENT. EXHIBIT P4(C)OF THE PURCHASE ORDER DATED 28.10.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P4(D)OF THE PURCHASE ORDER DATED 17.6.2020
ISSUED
BY THE 1ST RESPONDENT. EXHIBIT P4(E)OF THE PURCHASE ORDER DATED 30.6.2020
ISSUED
BY THE 1ST RESPONDENT. EXHIBIT P4(F)OF THE PURCHASE ORDER DATED 14.8.2020
ISSUED
BY THE 1ST RESPONDENT. EXHIBIT P4(G)OF THE PURCHASE ORDER DATED 7.1.2021
ISSUED
BY THE 1ST
WP(C) NO. 3196 OF 2022 6 RESPONDENT. EXHIBIT P4(H)OF THE PURCHASE ORDER DATED 27.2.2021
ISSUED
BY THE 1ST RESPONDENT. EXHIBIT P5OF THE REPRESENTATION DATED 14.1.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS EXHIBITS : NIL //// PA 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.