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 THUR AY, THE 20TH DAY OF AUGUST 2020 / 29TH SRAVANA, 1942 WP(C).No.14706 OF 2020(K) PETITIONER :- HRL ENTERPRISES ROOM NO.F-30, EMS STADIUM COMPLEX, OPPOSITE CHEST HOSPITAL, PUTHIYARA P.O., KOZHIKODE - 673004, 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 - 110001. 2 THE BHARAT SANCHAR NIGAM LIMITED (A GOVERNMENT OF INDIA ENTERPRISE), REPRESENTED BY CHIEF GENERAL MANAGER, KERALA CIRCLE, THIRUVANANTHAPURAM - 695 001. 3 THE PRINCIPAL GENERAL MANAGER BHARAT SANCHAR NIGAM LIMITED, SANCHAR BHAVAN, KAVILAKATHUMPADAM, T.U.D.A.ROAD, THRISSUR - 680 022. 4 THE ASSISTANT GENERAL (PLANNING) TELECOM, BHARAT SANCHAR NIGAM LIMITED, SANCHAR BHAVAN, KAVILAKATHUMPADAM, T.U.D.A.ROAD, THRISSUR - 680 022. BY ADV. SRI.MATHEWS K.PHILIP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14706 OF 2020(K) -: 2 :- JUDGMENT Dated this the 20
th day of August 2020 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 admitted balance payment due to the petitioner in respect of the works referred to in the writ petition, within six months from the date of receipt of a copy of this judgment. The contentions of the parties with respect
WP(C).No.14706 OF 2020(K) -: 3 :- to disputed amounts, if any, is left open to be decided in appropriate proceedings. ANU SIVARAMAN JUDGE Jvt/26.8.2020
WP(C).No.14706 OF 2020(K) -: 4 :- APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 AOF THE AGREEMENT DATED 23/09/2016 SIGNED BY PETITIONER AND 3RD RESPONDENT. EXHIBIT P2 AOF THE AGREEMENT DATED 20/02/2018 SIGNED BY PETITIONER AND 3RD RESPONDENT. EXHIBIT P3 AOF THE REPRESENTATION DATED 14/10/2010 SUBMITTED BY PETITIONER THROUGH ITS MANAGING PARTNER TO THE 4TH RESPONDENT SEEKING PAYMENT OF PENDING BILLS. 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 STATEMENT OF PENDING BILLS DATED 01/07/2020 ISSUED BY 4TH RESPONDENT FOR GRAND TOTAL OF RS.2,16,02,419/- (RUPEE TWO CRORE SIXTEEN LAKH TWO THOUSAND AND NINETEEN) UNDER 32 BILL INVOICES AND RS.3498384/- (RUPEES THIRTY FOUR LAKH NINETY EIGHT THOUSAND THREE HUNDRED AND EIGHTY FOUR) UNDER 3 BILL INVOICES FOR GRANT TOTAL OF RS.2,51,00,803/- (RUPEES TWO CRORE FIFTY ONE LAKH EIGHT HUNDRED AND THREE ONLY). EXHIBIT P7 AOF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) 21640/2019 DATED 26/08/2019. //// P.A. TO JUDGE
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.