S.Ambrose And Company vs. The General Manager
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNE AY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942 WP(C).No.3631 OF 2021(D) PETITIONER: S.AMBROSE AND COMPANY, 10/188, PARUTHIKOTTAVILAI, KUNNAMPARAI JUNCTION, KATTATHURA P.O., KANYAKUMARI DISTRICT-629158, REPRESENTED BY ITS MANAGING PARTNER JOHNY BECKER, AGED 46 YEARS, S/O. ABROSE, 10/188, PARUTHIKOTTAVILAI, MUNNAMPARAI JUNCTION, KATTATHURA P.O., KANYAKUMARI DISTRICT-629158, TAMIL NADU. BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENTS: 1 THE GENERAL MANAGER, SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN, CHENNAI-600003. 2 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION), SOUTHERN RAILWAY, EGMORE, CHENNAI-600003. 3 THE DEPUTY CHIEF ENGINEER-II (CONSTRUCTION), SOUTHERN RAILWAY, THIRUVANANTHAPURAM-695014. R1-3 BY SRI.S.ANANTHAKRISHNAN, SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3631 OF 2021(D) 2 P.V.ASHA, J. ----------------------------------------------------- W.P(c) No. 3631 of 2021 ---------------------------------------------------- Dated this the 03rd day of March, 2021 J U D G M E N T The petitioner is a running Railway contractor, which has undertaken the works provided by Ext.P1 acceptance and Ext.P2 agreement. The petitioner has submitted that the entire work was completed by December, 2020. The writ petition is filed, aggrieved by the delay in payment of the amount due to the petitioner towards the 2nd part bill.
The learned counsel for the Railway, Adv.S.Ananthakrishnan, has filed a statement stating that the payment was held up since the expenditure exceeded the sanctioned estimate of the project. It is stated that the matter is under process of revision and would be completed within a short period and the admissible amount due to the petitioner would be released after due process within 3 months on getting approval from the competent authority. It is also stated that the GST invoices submitted by the petitioner needed correction in respect of the amount in relation to the bill amount and GST number .
The learned counsel for the petitioner submits that appropriate correction would be made on the GST invoices and the same would be submitted before the respondents within one week. As the respondents do not dispute the work carried out by the petitioner and also the fact that the amount is due to the petitioner towards the work done, there shall be
WP(C).No.3631 OF 2021(D) 3 direction to the respondents to make the payment due to the petitioner within a period of 2 months from the date of receipt of a copy of this judgment. (P.V.ASHA, JUDGE) rps/
WP(C).No.3631 OF 2021(D) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE LETTER OF ACCEPTANCE DATED 01/12/2018. EXHIBIT P2OF THE RELEVANT PAGE OF THE AGREEMENT DATED 21/03/2019. EXHIBIT P3OF THE SECOND PART BILL DATED 05/01/2021 SUBMITTED BY THE PETITIONER. EXHIBIT P4OF THE LETTER DATED 22/01/2021 ISSUED BY THE 3RD RESPONDENT. //// 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.