M.K.Hussain Ali vs. The Divisional Engineer Telecom
Held
The Court directed BSNL to pay the outstanding EMD of Rs. 2,68,025/- to the petitioner within four months. It further directed BSNL to release an amount of Rs. 3,46,344/- upon the petitioner producing the requisite documents evidencing payment of GST.
Facts
The petitioner, a contractor, sought payment for OFC cable laying work completed for BSNL in Lakshadweep under a 2017 work order. Despite completing the work by December 2018 and submitting bills for Rs. 8,19,176/-, a significant portion of the payment remained outstanding, prompting the writ petition.
Key Issues
Whether BSNL was obligated to release the outstanding contract payments, including EMD and amounts contingent on GST compliance, to the petitioner for the completed work.
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 6TH DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943 WP(C) NO. 16134 OF 2021 PETITIONER: M.K.HUSSAIN ALI AGED 45 YEARS S/O.SAYED ISMAIL, MONAPURAKAD H., ANDROTH ISLAND, U.T.OF LAKSHADWEEP, PIN - 682 551. BY ADVS. C.C.ANOOP A.K.RAJESH ANAS SHUKKOOR RESPONDENTS: 1 THE DIVISIONAL ENGINEER TELECOM BHARATH SANCHAR NIGAM LIMITED, KAVARATTI, LAKSHADWEEP - 682 555. 2 THE ADDITIONAL GENERAL MANAGER CABLE PLANNING, BHARATH SANCHAR NIGAM LIMITED, ERNAKULAM - 682 016. 3 ACCOUNTS OFFICER, BHARATH SANCHAR NIGAM LIMITED, BSNL, ERNAKULAM - 682 016. BY ADV SRI.MATHEWS K.PHILIP, SC, BSNL, R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16134 OF 2021 2 JUDGMENT Dated this the 6th day of December, 2021 The petitioner has approached this Court aggrieved by the non payment of bills raised by the petitioner in respect of the contract work entered into by the petitioner with the 1st respondent.
The petitioner undertook the contract work for laying OFC cable in Lakshadweep as per Ext.P1 work or
The judgment continues below.
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