M/S. Perumalil Granite Constructions vs. The General Manager, Southern Railway Head Quarters Office
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUE AY, THE 18TH DAY OF JANUARY 2022 / 28TH POUSHA, 1943 WP(C) NO. 28221 OF 2021 PETITIONER: M/S. PERUMALIL GRANITE CONSTRUCTIONS, ARUNNOOTTIMANGALAM POST, KOTTAYAM DISTRICT-686 604, REPRESENTED BY ITS PROPRIETOR, ALEX P.CYRIAC, AGED 53 YEARS, S/O.LATE P.C.CYRIAC, PERUMALIL HOUSE, ARUNNOOTTIMANGALAM, KOTTAYAM. BY ADVS. S.SHANAVAS KHAN S.INDU RESPONDENTS: 1 THE GENERAL MANAGER, SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN, CHENNAI-600 003. 2 THE CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION), SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN EGMORE, CHENNAI-600 003. 3 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION), SOUTHERN RAILWAY, EGMORE, CHENNAI-600 003. 4 THE DEPUTY CHIEF ENGINEER II (CONSTRUCTION), SOUTHERN RAILWAY, TRIVANDRUM-695 014. SRI. A. DINESH RAO,SC FOR RAILWAY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28221 OF 2021 2 JUDGMENT Dated this the 18th day of January, 2022 The petitioner, who is a Contractor, was awarded the work of ‘Doubling of Track between Chengannur and Chingavanam- proposed construction of road over bridge Nos. 234 with Ix18.6m PSC-I girder, 230A with 14.06m(skew) span PSC-I grider and 210 with 1x12.1m span PSC-I girder between Changanassery and Chingavanam (Balance works).
The petitioner states that the petitioner has completed 90% of the work and submitted 4th Part Bill, which comes to `16,82,257/-. Though the respondents verified the measurement and recorded satisfaction, the bill amount has not been paid to the petitioner so far. Unless this Court interfere in the matter and give appropriate directions, the respondents are not likely to pay the amount in the near future, contends the petitioner.
WP(C) NO. 28221 OF 2021 3
The learned Standing Counsel for the Southern Railway submitted that the Railway is facing certain financial crisis and they may require a breathing time to process and pay the 4th Part Bill submitted by the petitioner. In view of the statement made by the learned Standing Counsel above, the writ petition is disposed of directing the 3rd respondent to pay the amount found due under the 4th Part Bill submitted by the petitioner, within a period of two months. N.NAGARESH JUDGE hmh
WP(C) NO. 28221 OF 2021 4 APPENDIX OF WP(C) 28221/2021 PETITIONER EXHIBITS Exhibit P1OF THE LETTER OF ACCEPTANCE DATED 20.05.2019 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT. Exhibit P2OF THE AGREEMENT NO.10/DYCE.II/CN/TVC/2019 DATED 17.09.2019. Exhibit P3OF THE GST COMPLAINT INVOICE DATED 07.04.2021 SUBMITTED BY PETITIONER BEFORE THE 4TH RESPONDENT. RESPONDENT’S EXHIBITS NIL
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.