G.Devendiran vs. Bharat Sanchar Nigam Limited - Kerala High Court, 25 October 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 25TH DAY OF OCTOBER 2019 / 3RD KARTHIKA, 1941 WP(C).No.25826 OF 2019(C) PETITIONER: G.DEVENDIRAN, AGED 47 YEARS, S/O. K. GURUSAMY, NEW NO. 65, OLD NO. 77, PERUNDURAI ROAD, CHINNAMMAN COMPLEX, ERODE, TAMIL NADU, 638 011. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: 1 BHARAT SANCHAR NIGAM LIMITED, (GOVERNMENT OF INDIA UNDERTAKING), REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, BSNL CORPORATE OFFICE, HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI, 110 001. 2 THE CHIEF GENERAL MANAGER, BHARATH SANCHAR NIGAM LIMITED, PMG JUNCTION, THIRUVANANTHAPURAM, 695 001 3 THE PRINCIPAL GENERAL MANAGER, TELECOM, BHARATH SANCHAR NIGAM LIMITED, SANCHAR BHAVAN, TUDA ROAD, KOVILAKATHUMPADAM, THRISSUR, 680 022 4 THE DEPUTY GENERAL MANAGER (CP), TELECOM, BHARATH SANCHAR NIGAM LIMITED, SANCHAR BHAVAN, TUDA ROAD, KOVILAKATHUMPADAM, THRISSUR-680 022

W.P. (C) No. 25826 of 2019 2 5 THE ASSISTANT GENERAL MANAGER (PLANNING), TELECOM, BHARATH SANCHAR NIGAM LIMITED, SANCHAR BHAVAN, TUDA ROAD, KOVILAKATHUMPADAM, THRISSUR-680 022 R1-5 BY SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P. (C) No. 25826 of 2019 3 W.P. (C) No. 25826 of 2019 ----------------------------------------------- J U D G M E N T The petitioner is a contractor. He has executed satisfactorily a cable laying 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. 25826 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. 25826 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE FINAL ACCEPTANCE OF TENDER DATED 28.09.2016. EXHIBIT P2OF THE AGREEMENT DATED 16.09.2016 EXECUTED BY THE PETITIONER AND THE 3RD RESPONDENT. EXHIBIT P3OF THE COMMUNICATION ISSUED ON BEHALF OF THE 3RD RESPONDENT DATED 18.11.2017. EXHIBIT P4OF INVOICE NO. 01/TCR/UGC/2018-19 DATED 04.05.2018. EXHIBIT P4 AOF INVOICE NO. 05/TCR/UGC/2018-19 DATED 25.06.2018. EXHIBIT P4 BOF INVOICE NO. O6/TCR/UGC/2018-19 DATED 25.06.2018 EXHIBIT P4 COF INVOICE NO. O7/TCR/UGC/2018-19 DATED 25.06.2018. EXHIBIT P4 DOF INVOICE NO. 08/TCR/UGC/2018-19 DATED 25.06.2018. EXHIBIT P4 EOF INVOICE NO. O9/TCR/UGC/2018-19 DATED 25.06.2018. EXHIBIT P4 FOF INVOICE NO. 10/TCR/UGC/2018-19 DATED 25.06.2018. W.P. (C) No. 25826 of 2019 6 EXHIBIT P4 GOF INVOICE NO.11/TCR/UGC/2018-19 DATED 25.06.2018. EXHIBIT P4 HOF INVOICE NO.12/TCR/UGC/2018-19 DATED 25.06.2018. EXHIBIT P4 IOF INVOICE NO. 13/TCR/UGC/2018-19 DATED 25.06.2018. EXHIBIT P4 JOF INVOICE NO. 14/TCR/UGC/2018-19 DATED 25.06.2018. EXHIBIT P4 KOF INVOICE NO. 15/TCR/UGC/2018-19 DATED 25.06.2018. EXHIBIT P4 LOF INVOICE NO. 16/TCR/UGC/2018-19 DATED 25.06.2018. EXHIBIT P4 MOF INVOICE NO. 17/TCR/UGC/2018-19 DATED 25.06.2018. EXHIBIT P4 NOF INVOICE NO. 18/TCR/UGC/2018-19 DATED 25.06.2018. EXHIBIT P4 OOF INVOICE NO. 19/TCR/UGC/2018-19 DATED 25.06.2018. EXHIBIT P4 POF INVOICE NO. 20/TCR/UGC/2018-19 DATED 25.07.2018. EXHIBIT P4 QOF INVOICE NO. 21/TCR/UGC/2018-19 DATED 25.07.2018. EXHIBIT P4 ROF INVOICE NO. 22/TCR/UGC/2018-19 DATED 25.07.2018. EXHIBIT P4 SOF INVOICE NO. 23/TCR/UGC/2018-19 DATED 18.12.2018

W.P. (C) No. 25826 of 2019 7 EXHIBIT P4 TOF INVOICE NO. 24/TCR/UGC/2018-19 DATED 18.12.2018 EXHIBIT P4 UOF INVOICE NO. 25/TCR/UGC/2018-19 DATED 18.12.2018. EXHIBIT P4 VOF INVOICE NO. 26/TCR/UGC/2018-19 DATED 18.12.2018. EXHIBIT P4 WOF INVOICE NO. 27/TCR/UGC/2018-19 DATED 18.12.2018. EXHIBIT P5OF THE RECEIPT EVIDENCING PAYMENT OF RS. 2,25,900/- TOWARDS GST DATED 07.06.2018. EXHIBIT P5 AOF THE RECEIPT EVIDENCING PAYMENT OF RS. 3,86,460/- DATED 13.07.2018. EXHIBIT P5 BOF THE RECEIPT EVIDENCING PAYMENT OF RS. 45,700/- DATED 27.07.2018. EXHIBIT P5 COF THE RECEIPT EVIDENCING PAYMENT OF RS. 74, 485/- DATED 10.08.2018. EXHIBIT P5 DOF THE RECEIPT EVIDENCING PAYMENT OF RS. 56,100/- DATED 20.12.2018. EXHIBIT P6OF INVOICE NO. TCR 28/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 AOF INVOICE NO. TCR 29/UGC/18-19 DATED 07.01.2019. W.P. (C) No. 25826 of 2019 8 EXHIBIT P6 BOF INVOICE NO. TCR 30/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 COF INVOICE NO. TCR 31/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 DOF INVOICE NO. TCR 32/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 EOF INVOICE NO. TCR 33/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 FOF INVOICE NO. TCR 34/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 GOF INVOICE NO. TCR 35/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 HOF INVOICE NO. TCR 37/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 IOF INVOICE NO. TCR 38/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 JOF INVOICE NO. TCR 39/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 KOF INVOICE NO. TCR 40/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 LOF INVOICE NO. TCR 41/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 MOF INVOICE NO. TCR 42/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 NOF INVOICE NO. TCR 43/UGC/18-19 DATED 07.01.2019. W.P. (C) No. 25826 of 2019 9 EXHIBIT P6 OOF INVOICE NO. TCR 44/UGC/18-19 DATED 07.01.2019. EXHIBIT P6 POF INVOICE NO. TCR 45/UGC/18-19 DATED 07.01.2019. EXHIBIT P7OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 22.02.2019. RESPONDENT'S/S EXHIBITS: NIL //// PA TO JUDGE YKB