Jacob Steel And Aluminium Industries vs. The General Manager
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THUR AY, THE 3RD DAY OF JUNE 2021 / 13TH JYAISHTA, 1943 WP(C) NO. 10921 OF 2021 PETITIONER: 0 JACOB STEEL AND ALUMINIUM INDUSTRIES, SREEKARYAM POST, THIRUVANANTHAPURAM-695 017, REPRESENTED BY ITS PROPRIETOR, MOHAN JACOB, AGED 66 YEARS, S/O. K.I. JACOB, KAVANAL HOUSE, SREEKARYAM, THIRUVANANTHAPURAM. BY ADVS. S.SHANAVAS KHAN SMT.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 II, CONSTRUCTION, SOUTHERN RAILWAY, ERNAKULAM-682 016 4 THE DEPUTY FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION), SOUTHERN RAILWAY, ERNAKULAM-682 016 BY ADV SRI.A.DINESH RAO, SC, RAILWAYS BY ADV SMT.LEVYANN XAVIER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.10921/2021 : 2 : J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 3rd day of June, 2021 The petitioner states that they are Railway Contractors, who have undertaken works as per Ext.P1 agreement. The work undertaken by the petitioner was completed in all respects to the satisfaction of the 1st respondent-General Manager, Southern Railway. The petitioner raised Ext.P2 final bill for an amount of ₹19,39,628.37 in the year 2019. However, the bill has not been settled so far. Furthermore, the amount is also due under the GST neutralisation. The petitioner in this writ petition seeks a direction to settle the bill expeditiously.
The learned Standing Counsel for the respondents submitted that the Railways is facing severe financial crisis and the respondents should be given a reasonable time to settle the bill amount. The learned Standing Counsel would
WP(C) No.10921/2021 : 3 : further submit that the payment of bills in respect of many contractors are delayed and they are taking all efforts to make the payment on a priority basis.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.
In view of the facts submits by the learned Standing Counsel for the respondents, this Court is of the view that the respondents should be granted reasonable time to settle the amount. Accordingly, the writ petition is disposed of directing the respondents to settle the bills of the petitioner within a period of four months. N. NAGARESH, JUDGE aks/03.06.2021
WP(C) No.10921/2021 : 4 : APPENDIX OF WP(C)No.10921/2021 PETITIONER'S EXHIBITS: EXHIBIT P1OF THE RELAVANT PAGE OF CONTRACT AGREEMENT DATED 24.03.2015. EXHIBIT P2OF THE FINAL BILL DATED 30.09.2019 SUBMITTED BY THE PETITIONER. SR
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.