Nijith Asokan vs. Bharat Sanchar Nigam LTD.
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNE AY, THE 06TH DAY OF NOVEMBER 2019 / 15TH KARTHIKA, 1941 WP(C).No.26750 OF 2019(P) PETITIONER: NIJITH ASOKAN, AGED 41 YEARS, S/O ASOKAN, PARAKKUDI VEEDU, 14/1785, CHENNILODE, KANNAMOOLA, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SMT.P.ANJANA SMT.NEENU PAVITHRAN SRI.R.HARIKRISHNAN (KAMBISSERIL) SRI.NIKHEL K GOPINATH RESPONDENTS: 1 BHARAT SANCHAR NIGAM LTD., REPRESENTED BY ITS MANAGING DIRECTOR, BHARAT SANCHAR BHAVAN, HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI-110 001. 2 THE CHIEF GENERAL MANAGER, OFFICE OF THE CHIEF GENERAL MANAGER, KERALA TELECOMMUNICATIONS, THIRUVANANTHAPURAM-695 033. W.P. (C) No. 26750 of 2019 2 3 ASSISTANT GENERAL MANAGER, CFA-NWD 11, OFFICE OF THE GM TELECOM BSNL , BSNL BHAVAN, PULIMOODU JUNCTION, KOTTAYAM-686 001. 4 SALES TAX OFFICER, (CORRECTED) IIIRD, CIRCLE, THIRUVANANTHAPURAM, OFFICE OF THE STATE TAX OFFICER, IIIRD CIRCLE, THIRUVANANTHAPURAM-695 002. (THE CAUSE TITLE OF THE 4TH RESPONDENT IS CORRECTED BY SUBSTITUTING THE WORD 'STATE TAX OFFICER' INSTEAD OF 'SALES TAX OFFICER' AS PER ORDER DATED 10.10.2019 IN IA.1/2019.) R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) No. 26750 of 2019 3 W.P. (C) No. 26750 of 2019 ----------------------------------------------- J U D G M E N T The petitioner is a contractor. He has executed satisfactorily a civil work of the Bharat Sanchar Nigam Ltd. (the BSNL) under the third respondent. 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 work referred to in the writ petition within three months from the date of receipt of a copy of
W.P. (C) No. 26750 of 2019 4 this judgment, of which 50% shall be paid within 45 days from that date. P.B.SURESH KUMAR, JUDGE. YKB
W.P. (C) No. 26750 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE UDYOG AADHAAR REGISTRATION CERTIFICATE BEARING NO KL12D00094440 ISSUED BY MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES, GOVERNMENT OF INDIA, DATED 14.7.2014 EXHIBIT P2OF THE NSIC (NATIONAL SMALL INDUSTRIES CORPORATION) LICENCE ISSUED BY GOVERNMENT OF INDIA DATED 3.3.2018 EXHIBIT P3OF THE NOTICE DATED 17.8.2019 ISSUED BY THE PETITIONERS COUNSEL TO THE RESPONDENTS 1 TO 3 EXHIBIT P4 THEOF THE POSTAL RECEIPTS INDICATING THE ISSUANCE OF NOTICE TO THE RESPONDENTS 1 TO 3 EXHIBIT P5OF THE POSTAL ACKNOWLEDGEMENT EVIDENCING RECEIPT OF THE NOTICE BY 2ND RESPONDENT EXHIBIT P6OF THE POSTAL ACKNOWLEDGMENT EVIDENCING RECEIPT OF THE NOTICE BY 3RD RESPONDENT EXHIBIT P7OF THE NOTICE DATED 2.9.2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DEMANDING GST. RESPONDENT'S/S EXHIBITS: NIL //// PA TO JUDGE YKB
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.