S.Ambrose And Company vs. The General Manager
Held
The High Court, noting the Railway did not dispute the work or the amount due, directed the respondents to release the payment to the contractor within two months. This was contingent on the petitioner correcting and resubmitting the GST invoices.
Facts
A railway contractor sought payment for completed works from Southern Railway, which was delayed due to the project exceeding its sanctioned estimate and discrepancies in the GST invoices submitted by the petitioner. The petitioner agreed to correct the GST invoices.
Key Issues
The primary legal issue was the enforceability of payment for completed contractual work despite budget overruns and the requirement for correct GST invoices.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, 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 t
The judgment continues below.
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