Fakrudheen Ali Ahammed U vs. The Chairman And Managing Director
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941 WP(C).No.27614 OF 2019(B) PETITIONER: FAKRUDHEEN ALI AHAMMED U AGED 46 YEARS UMMATHUR HOUSE, KAVUNGAL, UPHILL PO MALAPPURAM (DIST) PIN-676 505, KERALA. BY ADVS. SRI.V.K.PRASAD SRI.M.PRAVEESH RESPONDENTS: 1 THE CHAIRMAN AND MANAGING DIRECTOR BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, 7TH 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 PRINCIPAL GENERAL MANAGER BHARAT SANCHAR NIGAM LIMITED, SANCHAR BHAVAN, KAVILAKATHUMPADAM, T.U.D.A ROAD, THRISSUR-680022. 4 THE ASSISTANT GENERAL (PLANNING) TELECOM, BHARAT SANCHAR NIGAM LIMITED, SANCHAR BHAVAN, KAVILAKATHUMPADAM T.U.D.A ROAD, THRISSUR- 680022. R1-4 BY SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27614 OF 2019(B) 2 JUDGMENT Dated this the 16th day of November 2019 The petitioner is a contractor. He has executed satisfactorily a civil work of the Bharat Sanchar Nigam Ltd. (the BSNL) under 2nd 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
WP(C).No.27614 OF 2019(B) 3 of this judgment, of which 50% of the admitted amount shall be paid within 45 days from that date. ANU SIVARAMAN N JUDGE
WP(C).No.27614 OF 2019(B) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE AGREEMENT DATED 15.6.2016 SIGNED BY PETITIONER AND 3RD RESPONDENT. EXHIBIT P2 AOF THE AGREEMENT DATED 14.10.2016 SIGNED BY PETITIONER AND 3RD RESPONDENT. EXHIBIT P3 AOF THE REPRESENTATION DATED 8.8.2019 SENTT BY PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P4 AOF THE NOTICE DATED 26.8.2019 ISSUED BY STATE GOODS AND SERVICES TAX DEPARTMENT TO THE PETITIONER. EXHIBIT P5 AOF THE NOTICE DATED 26.8.2019 ISSUED BY ORIENTAL BANK OF COMMERCE (MALAPPURAM BRANCH) TO THE PETITIONER TO RECOVER THE OVERDUE AMOUNT ALONG WITH PENALTY OF 2% ON THE UNPAID LOAN AMOUNT. EXHIBIT P6 AOF STATEMENT OF PENDING BILLS FOR TOTAL AMOUNT OF RS.23,20,500.11/- (TWENTY THREE LAKH TWENTY THOUSAND AND FIVE HUNDRED AND ELEVEN PAISE) E-MAILED FROM THE OFFICE OF 3RD RESPONDENT ON 27.9.2019. EXHIBIT P7 AOF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) 21640/2019 DATED 26.8.2019.
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.