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 THUR AY, THE 31ST DAY OF OCTOBER 2019 / 9TH KARTHIKA, 1941 WP(C).No.26745 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.R.BINDU 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-110001. 2 THE CHIEF GENERAL MANAGER, OFFICE OF THE CHIEF GENERAL MANAGER, KERALA TELECOMMUNICATIONS, THIRUVANANTHAPURAM-695033. W.P. (C) No. 26745 of 2019 2 3 THE ASSISTANT GENERAL MANAGER, PLG OFFICE GEMTD, VELLAYITTAMBALAM, KOLLAM-691012. 4 SALE TAX OFFICER, CORRECTED AS STATE TAX OFFICER, IIIRD CIRCLE, THIRUVANANTHAPURAM, OFFICE OF THE STATE TAX OFFICER, IIIRD CIRCLE, THIRUVANANTHAPURAM-695002. THE ADDRESS OF THE FOURTH RESPONDENT IN THE CAUSE TITLE IN W.P.C IS CORRECTED AS STATE TAX OFFICER BY SUBSTITUTING THE WORD SALE TAX OFFICER AS PER THE ORDER DATED 10.10.2019 IN IA NO.1 /2019. R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) No. 26745 of 2019 3 W.P. (C) No. 26745 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 this
W.P. (C) No. 26745 of 2019 4 judgment, of which 50% shall be paid within 45 days from that date. P.B.SURESH KUMAR, JUDGE. YKB
W.P. (C) No. 26745 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE MEMORANDUM OF ENLISTMENT OF CONTRACTORS FOR BUILDING WORK ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 20.4.2017. EXHIBIT P2OF THE UDYOG AADHAAR REGISTRATION CERTIFICATE BEARING NO.KL12D0009440 ISSUED BY MINISTRY OF MICRO, SMALL & MEDIUM ENTERPRISES, GOVERNMENT OF INDIA, DATED 14.7.2014. EXHIBIT P3OF THE NSIC (NATIONAL SMALL INDUSTRIES CORPORATION) LICENCE ISSUED BY GOVERNMENT OF INDIA DATED 03.03.2018. EXHIBIT P4OF THE NOTICE DATED 17.8.2019 ISSUED BY THE PETITIONER'S COUNSEL TO THE RESPONDENTS 1 TO 3. EXHIBIT P5OF THE POSTAL RECEIPTS INDICATING ISSUANCE OF THE LEGAL NOTICE TO THE RESPONDENTS 1 TO 3. EXHIBIT P6OF THE POSTAL ACKNOWLEDGMENT GIVEN BY 2ND RESPONDENT EVIDENCING RECEIPT OF EXHIBIT P4 NOTICE. EXHIBIT P7OF THE POSTAL ACKNOWLEDGMENT GIVEN BY 3RD RESPONDENT EVIDENCING RECEIPT OF EXHIBIT P4 NOTICE.
W.P. (C) No. 26745 of 2019 6 EXHIBIT P8OF 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.