T.M.Kuruvila & Co vs. The General Manager
Held
The High Court directed Southern Railway to pay the amount found due to the petitioner within a period of four months. The Court acknowledged the undisputed work completion and the Railway's financial difficulties as a reason for the extended payment timeline.
Facts
A contractor sought release of `23.26 lakhs` as final bill and GST Neutralization Amount from Southern Railway for works completed in January 2017. The Railway admitted a net payment of `23.25 lakhs` was due but cited financial crisis and deductions for delay.
Key Issues
The key issue was the non-payment of the final bill and GST Neutralization Amount to the contractor by the Southern Railway despite the completion of contracted works.
Sections Cited
None mentioned
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 20TH DAY OF DECEMBER 2021 / 29TH AGRAHAYANA, 1943 WP(C) NO. 24141 OF 2021 PETITIONER: T.M.KURUVILA & CO IX/282, KADUGAMANGALAM, THIRUVANKULAM P.O., ERNAKULAM - 682 305 REPRESENTED BY ITS MANAGING PARTNER JACOB T.KURUVILA, AGED 49 YEARS, S/O.LATE T.M.KURUVILA, THARAKANDATHIL HOUSE, THIRUVAMKULAM P.O., ERNAKULAM - 682 305. 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 DEPUTY CHIEF ENGINEER (CONSTRUCTION) OFFICE OF THE DEPUTY CHIEF ENGINEER (CONSTRUCTION), ERNAKULAM - 682 016. 4 THE CHIEF ADMINISTRATIVE OFFICER SOUTHERN RAILWAY, ERNAKULAM - 682 016. BY ADV SRI.P.K.SAJEEV, SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24141 OF 2021 2
JUDGMENT Dated this the 20th day of December, 2021 The petitioner, who is a Contractor and who undertook certain wor
The judgment continues below.
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