Sujith C.K. vs. Mr.Pravin Kumar Purwar
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 16TH DAY OF NOVEMBER 2020 / 25TH KARTHIKA, 1942 Con.Case(C).No.46 OF 2020 IN WP(C). 27528/2019 AGAINST THE ORDER/JUDGMENT IN WP(C) 27528/2019(M) OF HIGH COURT OF KERALA PETITIONER/PETITIONER: SUJITH C.K., AGED 36 YEARS S/O KUNJU MUHAMMED C.P, CHELIKANDAM HOUSE, MUDAVOOR P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 669 BY ADVS. SRI.BIJU BALAKRISHNAN SMT.V.S.RAKHEE SMT.K.J.GISHA SMT.SAYUJYA RESPONDENT/1ST RESPONDENT: MR.PRAVIN KUMAR PURWAR, (AGE AND FATHERS NAME IS NOT KNOWN TO THE PETITIONER), CHAIRMAN AND MANAGING DIRECTOR, BHARAT SANCHAR NIGAM LTD, BHARAT SANCHAR BHAVAN, HCM LANE, JANPATH, NEW DELHI, PIN-110001. OTHER PRESENT: SC BSNL MATHEWS K PHILIP THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No.46 OF 2020 2 JUDGMENT This Contempt of Court case is filed alleging non-compliance of Annexure A1 judgment dated 15.11.2019. The writ petition was disposed of directing the respondents to effect the balance payment due to the petitioner in respect of the work referred to in the writ petition within three months.
It is submitted by the learned counsel for the respondent that amounts due to the petitioner had been paid retaining an amount of Rs.19,91,011/-. It is submitted that Rs.6,85,761/- had been retained on account of substandard work carried out by the petitioner and that an amount of Rs.13,05,250/- is liable to be paid as GST. The learned Standing Counsel for the BSNL submits that the question of substandard work as well as the payment of the Security Deposit will have to await the conclusion of the proceedings on the complaint.
However, I find that if the amount of GST in respect of the work done has been remitted by the petitioner, the amount is liable to be released to the petitioner. Leaving open the contentions of both parties regarding amounts to be recovered from the petitioner on account of substandard work, I direct the
Con.Case(C).No.46 OF 2020 3 respondent to release the amount of GST due to the petitioner. The petitioner shall produce proof of payment of GST by him before the respondent for release of the amounts. The necessary shall be done without delay. This Contempt of Court Case is closed. ANU SIVARAMAN JUDGE Bng/16.11.2020
Con.Case(C).No.46 OF 2020 4 APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 15.11.2019 IN WP(C) NO.27528/2019 OF THIS HON'BLE COURT ANNEXURE A2OF THE LETTER DATED 21.11.2019 ISSUED BY THE PETITIONER TO THE RESPONDENT ANNEXURE A3OF THE REMINDER LETTER DATED 20.12.2019 ISSUED BY THE PETITIONER TO THE RESPONDENT
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.