D.Gopalarathinam vs. The General Manager, Southern Railway Head Quarters Officer
Held
The Court noted that the computation of the final bill was pending and directed the respondents to pay the entire amount due to the petitioner. This payment is to be completed within a period of three months from the date of receipt of the judgment copy.
Facts
The petitioner, a contractor for a railway project, could not complete the work as the respondents froze the project and foreclosed the agreement. The petitioner sought a direction for the release of various outstanding amounts, including the final bill, Price Variation Clause, GST Neutralization, Security Deposit, and Earnest Money Deposit.
Key Issues
The key legal issue was whether the railway authorities could be directed to release the final bill, GST neutralization, and other outstanding dues to the contractor after the project's foreclosure.
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 TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942 WP(C).No.2093 OF 2021(J) PETITIONER: D.GOPALARATHINAM, AGED 59 YEARS, S/O K.K.DASAYYA MUTHALIYAR, 324, 7TH CROSS ROAD, FAIRLANDS, SALEM, TAMIL NADU. BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENTS: 1 THE GENERAL MANAGER, SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARTK TOWN, CHENNAI-600003. 2 THE CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION), SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN, EGMORE, CHENNAI-600003, IN CHAGE OF CHIEF ADMINISTRATIVE OFFICER, SOUTHERN RAILWAY, ERNAKULAM. 3 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION), SOUTHERN RAIWAY, EGMORE, CHENNAI-600003. 4 THE CHIEF ENGINEER NORTH (CONSTRUCTION), SOUTHERN RAILWAY, ERNAKULAM-682016. 5 THE DEPUTY CHIEF ENGINEER-II (CONSTRUCTION), SOUTHERN RAILWAY, ERNAKULAM-682016. BY ADV. SRI.A.DINESH RAO, SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2093 OF 2021(J) 2 JUDGMENT The petitioner, who was awarded the work of 'New BG line between Angamali and Sabarimala –
The judgment continues below.
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