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 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941 WP(C).No.26772 OF 2019(V) 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 SRI.JOHNSON JOSE PANJIKKARAN SRI.P.I.NAJUMAL HUSSAIN SMT.NEENU PAVITHRAN SRI.R.HARIKRISHNAN (KAMBISSERIL) 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 -695033. W.P. (C) No. 26772 of 2019 2 3 THE EXECUTIVE ENGINEER, BSNL CIVIL DIVISION, EAST HILL STAFF QUARTERS, KOZHIKODE - 673 005. *4 (SALES) TAX OFFICER, IIIRD CIRCLE, THIRUVANANTHAPURAM, OFFICE OF THE STATE TAX OFFICER, IIIRD CIRCLE, THIRUVANANTHAPURAM - 695 002. RESPONDENT 4. STATE TAX OFFICER, IIIRD CIRCLE, THIRUVANANTHAPURAM, OFFICE OF THE STATE TAX OFFICER, IIIRD CIRCLE, THIRUVANANTHAPURAM - 695 002. THE WORD ''SALES TAX OFFICER'' SUBSTITUTED WITH THE WORD ''STATE TAX OFFICER'' AS PER ORDER DATED 10/10/19 IN I.A.NO.1/19 IN WP(C)26772/19. R1-3 BY SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) No. 26772 of 2019 3 W.P. (C) No. 26772 of 2019 ----------------------------------------------- J U D G M E N T The petitioner is a contractor. He has undertaken and executed satisfactorily a 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 released. 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 release the admitted balance payment due to the petitioner. The writ petition, in the circumstances, is disposed of directing the respondent concerned to release 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. 26772 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. 26772 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE MEMORANDUM OF ENLISTMENT ON 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 REPLY DATED 6/9/2019 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER'S COUNSEL. EXHIBIT P6OF 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.