Hrl Enterprises vs. The Chairman And Managing Director

WP(C)/14674/2020HC KeralaGSTCNR KLHC01037261202024 August 2020Bench: HONOURABLE MRS. JUSTICE ANU SIVARAMAN4 pages
For Petitioner: SRI.V.K.PRASAD, SRI.M.PRAVEESHFor Respondent: SC BSNL MATHEWSK PHILIP
AI SummaryAllowed

Held

The Court noted that the satisfactory execution of works was undisputed and BSNL was therefore bound to effect the admitted balance payment. It directed BSNL to make the balance payment to the petitioner within six months from the date of judgment.

Facts

M/S.HRL Enterprises, a contractor for BSNL, satisfactorily completed various contract works but was not paid the final balance amount. The petitioner sought a High Court direction for the release of the pending payments from BSNL.

Key Issues

The key legal issue was whether BSNL was obligated to release the admitted balance payment for contract works satisfactorily completed by the petitioner. The enforceability of such contractual payment obligations through a writ petition was also implicitly addressed.

AI-generated summary — verify with the full judgment below

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).

The judgment continues below.

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