Jolly Joseph vs. The Bharath Sanchar Nigam Limited
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941 WP(C).No.27291 OF 2019(J) PETITIONER: JOLLY JOSEPH AGED 53 YEARS PANICHEKUZHIYIL HOUSE, THIRUVANIYOOR.P.O., PUTHENCRUZ, ERNAKULAM-682308 BY ADVS. SRI.AJI V.DEV SRI.ALAN PRIYADARSHI DEV SMT.O.A.NURIYA RESPONDENTS: 1 THE BHARATH SANCHAR NIGAM LIMITED REGISTERED OFFICE, BHARAT SANCHAR BHAVAN, HCM LANE, JANPATH, NEW DELHI-110001, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR 2 THE DIVISIONAL ENGINEER SURVERY AND ACCESS NETWORK, ERNAKULAM-682030 3 THE DIVISIONAL ENGINEER TRANSMISSION PROJECT, BSNL, THRISSUR-682020 4 THE ACCOUNTANT OFFICER, OFFICE OF DEPUTY GENERAL MANAGER, TRANSMISSION PROJECTS, BSNL, ERNAKULAM-20 5 THE CHIEF ACCOUNTS OFFICER OFFICE OF PRINCIPAL GENERAL MANAGER, TRANSMISSION PROJECT, BSNL MADURIA-02 6 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO MINISTRY OF TELECOMMUNICATION, NEW DELHI-111001 R1-5 BY SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27291 OF 2019(J) 2 JUDGMENT The petitioner is a contractor. He has executed satisfactorily a civil work of the Bharat Sanchar Nigam Ltd. (the BSNL) under respondent No.
The case of the petitioner is that the final payment due in respect of the work 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 for the BSNL.
The fact that the work referred to in the writ petition has 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
WP(C).No.27291 OF 2019(J) 3 work referred to in the writ petition within three months from the date of receipt of a copy of this judgment, of which 50% shall be paid within 45 days from that date. ANU SIVARAMAN Bng/18.11.19 JUDGE
WP(C).No.27291 OF 2019(J) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 AOF THE CERTIFICATE ISSUED TO PETITIONER BY MINISTRY FOR MSME DATED 13.11.2017 EXHIBIT P2 AOF AN AGREEMENT BETWEEN PETITIONER AND 1ST RESPONDENT DATED 01.12.2017 EXHIBIT P3 AOF THE WORK ORDER DATED 27.12.2017 EXHIBIT P3 A AOF THE WORK ORDER DATED 16.03.2018 EXHIBIT P4 AOF THE INVOICE NO.1 DATED 25.04.22018 EXHIBIT P5 AOF THE INVOICE NO.2 DATED 01.02.2019 EXHIBIT P6 AOF THE LETTER FROM 4TH RESPONDENT TO 5TH RESPONDENT DATED 07.02.2019 EXHIBIT P7 AOF THE GST RETURNS FOR THE MONTH OF JUNE 2018 EXHIBIT P7 A AOF THE GST RETURNS FOR THE MONTH OF MARCH 2019 EXHIBIT P8 AOF THE TAX PAYMENT RECEIPTS AGAINST EXT.P7 DATED 01.08.2018 EXHIBIT P8 A AOF THE TAX PAYMENT RECEIPTS AGAINST EXT.P7(A) DATED 28.08.2019 EXHIBIT P9 AOF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)NO.13875/2019, DATED 27.05.2019
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.