Hrl Enterprises vs. The Chairman And Managing Director
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 24TH DAY OF AUGUST 2020 / 2ND BHADRA, 1942 WP(C).No.14674 OF 2020(H) PETITIONER: M/S.HRL ENTERPRISES ROOM NO.F-30, EMS STADIUM COMPLEX OPPOSITE CHEST HOSPITAL, PUTHIYARA P.O., KOZHIKODE - 673 004, REPRESENTED BY ITS MANAGING PARTNER, AHAMMED KUTTY, PARAKKAL HOUSE, CHERUVADY P.O., KODIYATHUR, MAVOOR, KOZHIKODE - 673 661. BY ADVS. SRI.V.K.PRASAD SRI.M.PRAVEESH RESPONDENTS: 1 THE CHAIRMAN AND MANAGING DIRECTOR BHARAT SANCHAR NIGAM LIMITED CORPORATE OFFICE, 8TH FLOOR, BHARAT SANCHAR NIGAM LIMITED BHAVAN, NEW DELHI - 110 001. 2 THE BHARAT SANCHAR NIGAM LIMITED (A GOVERNMENT OF INDIA ENTERPRISE), REPRESENTED BY CHIEF GENERAL MANAGER, KERALA CIRCLE, THIRUVANANTHAPURAM - 695 001. 3 THE GENERAL MANAGER TELECOM, BHARAT SANCHAR NIGAM LIMITED BALAN K.NAIR ROAD, ASOKAPURAM, KOZHIKODE - 673 001. 4 THE ASSISTANT GENERAL MANAGER (CP) TELECOM BHARAT SANCHAR NIGAM LIMITED BALAN K.NAIR ROAD, ASOKAPURAM, KOZHIKODE - 673 001. OTHER PRESENT: SC BSNL MATHEWSK PHILIP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14674 OF 2020(H) 2 JUDGMENT The petitioner is a partnership firm doing contract works for the Bharat Sanchar Nigam Ltd. (the BSNL). The petitioner has satisfactorily completed the contract works on the basis of various agreements entered into between it and the 3rd respondent. The case of the petitioner is that the final payment due in respect of the works is not being effected. The petitioner, therefore, seeks appropriate directions in this regard in the writ petition.
Heard the learned counsel for the petitioner as also the learned Standing Counsel appearing for the BSNL.
The fact that the works referred to in the writ petition have been executed satisfactorily by the petitioner is not in dispute. If that be so, the BSNL is bound to effect the admitted balance payment due to the petitioner. The writ petition, in the circumstances, is disposed of directing the respondent concerned to effect the balance payment due to the petitioner in respect of the works
WP(C).No.14674 OF 2020(H) 3 referred to in the writ petition, within six months from the date of receipt of a copy of this judgment. ANU SIVARAMAN JUDGE Bng/25.08.2020
WP(C).No.14674 OF 2020(H) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 AOF THE REPRESENTATION DATED 06/06/2020 SENT BY PETITIONER FIRM THROUGH ITS MANAGING PARTNER TO THE 3RD RESPONDENT. EXHIBIT P2 AOF THE REPRESENTATION DATED 30/06/2020 SUBMITTED BY PETITIONER TO THE 2ND RESPONDENT SEEKING IMMEDIATE RELEASE OF PENDING BILLS. EXHIBIT P3 AOF THE STATEMENT OF BILLS ISSUED BY 3RD RESPONDENT DATED 04/07/2020 FOR RS.5,31,04,154.18/- (FIVE CRORE THIRTY ONE LAKH FOUR THOUSAND ONE HUNDRED FIFTY FOUR RUPEES AND EIGHTEEN PAISE) AND FOR RS.16,16,12/- (ONE LAKH SIXTY ONE THOUSAND SIX HUNDRED AND TWELVE) UNDER 199 DIFFERENT INVOICES. EXHIBIT P4 AOF THE NOTICE DATED 04/03/2020 ISSUED BY THE CENTRAL TAX & CENTRAL EXCISE, KOZHIKODE RANGE-II SEEKING PAYMENT OF INTEREST FROM THE PETITIONER FOR DELAYED PAYMENT OF GST. EXHIBIT P5 AOF COMMUNICATION DATED 06/07/2020 ISSUED BY IDBI BANK INTIMATING OUTSTANDING PAYMENT OF INTEREST TOWARDS LOAN FACILITY AVAILED. EXHIBIT P6 AOF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) 21640/2019 DATED 26/08/2019.
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.