M/S.M.K.M.Construction Company PVT.LTD. vs. The Chairman And Managing Director - Kerala High Court, 20 November 2019

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 20TH DAY OF NOVEMBER 2019 / 29TH KARTHIKA, 1941 WP(C).No.27889 OF 2019(I) PETITIONER: M/S.M.K.M.CONSTRUCTION COMPANY PVT.LTD., MADARI HOUSE, PADINJATTUMURI P.O, MALAPPURAM (DIST) PIN 676 506, KERALA REPRESENTED BY ITS MANAGING DIRECTOR N.M MOIDEENKUTTY, MADARI HOUSE, PADINJATTUMURI P.O, MALAPPURAM (DIST) PIN 676 506. BY ADVS. SRI.V.K.PRASAD SRI.M.PRAVEESH RESPONDENTS: 1 THE CHAIRMAN AND MANAGING DIRECTOR, BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, 8TH FLOOR, BHARAT SANCHAR NIGAM LIMITED BHAVAN, NEW DELHI 110 001. 2 THE BHARAT SANCHAR NIGAM LIMITED, (A GOVERNMENT OF INDIA ENTERPRISE) , REPRESENTED BY CHIEF GENERAL MANAGER, KERALA CIRCLE, THIRUVANANTHAPURAM 695 001. 3 THE GENERAL MANAGER, BHARAT SANCHAR NIGAM LIMITED, MALAPPURAM (DISTRICT) PIN 676 505. W.P. (C) No. 27889 of 2019 2 4 THE ASSISTANT GENERAL MANAGER (PLANNING), OFFICE OF GENERAL MANAGER TELECOM, BHARAT SANCHAR NIGAM LIMITED, MALAPPURAM (DISTRICT) PIN 676 505. R1-4 BY SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P. (C) No. 27889 of 2019 3 W.P. (C) No. 27889 of 2019 -----------------------------------------------

J U D G M E N T The petitioner is a contractor. They have executed satisfactorily a cable lying work of the Bharat Sanchar Nigam Ltd. (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 judgment, of which 50% shall be paid within 45 days from that date. P.B.SURESH KUMAR, JUDGE. YKB APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE REPRESENTATION DATED 16-08-2019 SENT BY PETITIONER COMPANY TO THE 3RD RESPONDENT EXHIBIT P2 AOF THE NOTICE DATED 20-09- 2019 ISSUED BY STATE GOODS AND SERVICES TAX DEPARTMENT SEEKING PAYMENT OF RS. 15,11,087 (FIFTEEN LAKH ELEVEN THOUSAND AND EIGHTY SEVEN) FROM THE PETITIONER COMPANY EXHIBIT P3 AOF STATEMENT OF PENDING BILLS DATED 25-09-2019 FOR THE TOTAL AMOUNT OF RS. 2,58,02,058/- (TWO CRORE FIFTY EIGHT LAKH TWO THOUSAND AND FIFTY EIGHT) ISSUED FROM THE OFFICE OF 3RD RESPONDENT UNDER 13 DIFFERENT INVOICES EXHIBIT P4 AOF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) 21640/2019 DATED 26-08-2019 RESPONDENT'S/S EXHIBITS: NIL //// PA TO JUDGE YKB