Bmt Constructions vs. Union Of INDIA
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR TUE AY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941 WP(C).No.25321 OF 2019(M) PETITIONER: BMT CONSTRUCTIONS, 12/80B, MALIKAYIL BUILDING, MANTHADI, KIDANGOOR SOUTH P.O, KOTTAYAM 686 583, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. BIBY T S BY ADVS. SRI.SANTHOSH MATHEW SRI.ARUN THOMAS SRI.JENNIS STEPHEN SRI.VIJAY V. PAUL SMT.KARTHIKA MARIA SMT.VEENA RAVEENDRAN SRI.ANIL SEBASTIAN PULICKEL SMT.DIVYA SARA GEORGE SMT.JAISY ELZA JOE RESPONDENTS: 1 UNION OF INDIA, MINISTRY OF COMMUNICATIONS, SANCHAR BHAWAN 20, ASHOKA ROAD, NEW DELHI 110 001, REPRESENTED BY THE SECRETARY. 2 BHARAT SANCHAR NIGAM LTD, BHARAT SANCHAR BHAVAN, HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI 110 001 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.
W.P. (C) No. 25321 of 2019 2 3 CHAIRMAN AND MANAGING DIRECTOR, BHARAT SANCHAR NIGAM LTD, BHARAT SANCHAR BHAVAN, HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI 110 001. 4 PRINCIPAL GENERAL MANAGER, OFFICE OF THE PGMT BSNL, TELECOM DISTRICT KOTTAYAM, KOTTAYAM 686 001. 5 ASSISTANT GENERAL MANAGER, OFFICE OF THE PGMT BSNL, TELECOM DISTRICT KOTTAYAM, KOTTAYAM 686 001. R1 BY ADV. SMT.M.S.KIRAN, CGC R2-5 BY SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) No. 25321 of 2019 3 W.P. (C) No. 25321 of 2019 ----------------------------------------------- J U D G M E N T The petitioner is a contractor. They have executed satisfactorily a civil work of the Bharat Sanchar Nigam Limited(the BSNL) under the fourth 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. 25321 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. 25321 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE RELEVANT PAGES OF THE NOTICE INVITING TENDER BEARING NUMBER NIT NO. 12/CP/2017-18/PIJF/1 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2OF THE CONTRACT DATED 15-06- 2017 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT FOR THE EXECUTION OF WORKS IN PALA ZONE EXHIBIT P3OF THE CONTRACT DATED 15-06- 2017 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT FOR THE EXECUTED OF WORKS IN KOTTAYAM ZONE EXHIBIT P4OF THE CONTRACT DATED 15-06- 2017 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT FOR THE EXECUTION OF WORKS IN CHANGANASSERY ZONE EXHIBIT P5OF THE NON LIABILITY CERTIFICATE DATED 12-07-2019 ISSUED BY DIVISIONAL ENGINEER, ETTUMANOOR EXHIBIT P5 AOF THE NON LIABILITY CERTIFICATE DATED 15-07-2019 ISSUED BY DIVISIONAL ENGINEER, KANJIRAPPALLY EXHIBIT P5 BOF THE NON LIABILITY CERTIFICATE DATED 2-7-2019 ISSUED BY DIVISIONAL ENGINEER, KOTTAYAM (E) EXHIBIT P5 COF THE NON LIABILITY CERTIFICATE DATED 15-07-2019 ISSUED BY DIVISIONAL ENGINEER, KOTTAYAM (W)
W.P. (C) No. 25321 of 2019 6 EXHIBIT P5 DOF THE NON LIABILITY CERTIFICATE DATED 15-07-2019 ISSUED BY DIVISIONAL ENGINEER, PAMPADY EXHIBIT P5 EOF THE NON LIABILITY CERTIFICATE DATED 12-07-2019 ISSUED BY DIVISIONAL ENGINEER, KANJIKUZHY EXHIBIT P5 FOF THE NON LIABILITY CERTIFICATE DATED 15-07-2019 ISSUED BY DIVISIONAL ENGINEER, CHANGANASSERY EXHIBIT P5 GOF THE NON LIABILITY CERTIFICATE DATED 17-07-2019 ISSUED BY DIVISIONAL ENGINEER, KARUKACHAL EXHIBIT P5 HOF THE NON LIABILITY CERTIFICATE DATED 15-07-2019 ISSUED BY VARIOUS DIVISIONAL ENGINEER, THRIKKODITHANAM EXHIBIT P5 IOF THE NON LIABILITY CERTIFICATE DATED 15-07-2019 ISSUED BY DIVISIONAL ENGINEER, VAZHOOR EXHIBIT P5 JOF THE NON LIABILITY CERTIFICATE DATED 4-7-2019 ISSUED BY DIVISIONAL ENGINEER, PALA (W) EXHIBIT P5 KOF THE NON LIABILITY CERTIFICATE DATED 4-7-2019 ISSUED BY VARIOUS DIVISIONAL ENGINEER, PALA(E) EXHIBIT P5 LOF THE NON LIABILITY CERTIFICATE DATED 9-7-2019 ISSUED BY DIVISIONAL ENGINEER, KURAVILANGAD
W.P. (C) No. 25321 of 2019 7 EXHIBIT P5 MOF THE NON LIABILITY CERTIFICATE DATED 9-7-2019 ISSUED BY DIVISIONAL ENGINEER, VAIKOM EXHIBIT P6OF THE DETAILS OF THE BILLS SUBMITTED BY THE PETITIONER BETWEEN 05/04/2018 AND 17/08/2019 IN A TABULAR FORM EXHIBIT P7OF THE PAYMENT RECEIPTS TOWARDS GST THAT HAVE BEEN PAID BY THE PETITIONER. EXHIBIT P8OF THE REPRESENTATION DATED 11/09/2018 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT EXHIBIT P9OF THE REPRESENTATION DATED 10/04/2019 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT EXHIBIT P10OF THE REPRESENTATION DATED 13/09/2019 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT EXHIBIT P11OF THE REPAYMENT INTIMATION DATED 09/09/2019 ISSUED TO ONE OF THE PARTNERS OF THE PETITIONER COMPANY BY THE SOUTH INDIAN BANK TOWARDS THE HOUSING LOAN AND OTHER CONNECTED LOAN ACCOUNTS. 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.