Santhoshkumar S. vs. Bharat Sanchar Nigam Limited

WP(C)/24123/2019HC KeralaGSTCNR KLHC01062151201931 October 2019Bench: HONOURABLE MR. JUSTICE P.B.SURESH KUMAR7 pages
For Petitioner: SRI.RAGHUL SUDHEESH, SMT.J.LAKSHMI
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Held

The Court held that the BSNL is bound to effect the admitted balance payment due to the petitioner, as the satisfactory execution of the work was not in dispute. The Court reasoned that once a contractor has completed their contractual obligations satisfactorily, the client is legally obligated to make the due payments. The ratio decidendi is that a party cannot withhold payment for services satisfactorily rendered. The operative direction was to the respondent concerned (BSNL) to effect the balance payment within three months from the receipt of the judgment, with 50% of the amount to be paid within 45 days of receiving the judgment copy. No issues were expressly left undecided.

Facts

The petitioner, Santhoshkumar S., is a contractor who had satisfactorily executed a work for Bharat Sanchar Nigam Limited (BSNL), represented by respondents 1 to 4. The petitioner's grievance is that the final payment due for this work has not been released. The petitioner filed a writ petition seeking directions for the release of the outstanding payment. The BSNL, represented by its Standing Counsel, did not dispute that the work was completed satisfactorily. The State Tax Officer was also listed as a respondent, but no specific action or order from this authority was under challenge or discussed in the judgment.

Key Issues

1. Whether the BSNL is obligated to effect the balance payment due to the petitioner for the satisfactorily executed work. The petitioner argued that since the work was completed satisfactorily, the BSNL is bound to release the final payment. The BSNL, through its Standing Counsel, did not contest this assertion, implicitly agreeing that the payment was due. The judgment does not record any specific arguments from the State Tax Officer, nor does it frame any specific legal questions related to GST provisions or the State Tax Officer's role in this particular dispute.

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Heard together (2 matters)

WP(C).No.24123 OF 2019
TC 50/16

Read from the judgment's own cause title. This page is filed under one of them.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 31ST DAY OF OCTOBER 2019 / 9TH KARTHIKA, 1941 WP(C).No.24123 OF 2019(M) PETITIONER: SANTHOSHKUMAR S., TC 50/164(7), PRARTHANA, KALADY SOUTH, KARAMANA P.O., THIRUVANANTHAPURAM - 695002. BY ADVS. SRI.RAGHUL SUDHEESH SMT.J.LAKSHMI RESPONDENTS: 1 BHARAT SANCHAR NIGAM LIMITED, BHARATH SANCHAR BHAVAN, HAREESH CHANDRA MATHUR LANE, JANPATH, NEW DELHI - 110 001, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2 THE CHIEF GENERAL MANAGER, BSNL KERALA CIRCLE, PMG JUNCTION, VIKAS BHAVAN P.O., THIRUVANANTHAPUAM - 695 033. 3 THE CHIEF GENERAL MANAGER, SOUTHERN TELECOM PROJECT, BSNL, BSNL BHAVAN, 25, GREEVACE LANE, RAJA ANNAMALAIPURAM, CHENNAI, TAMILNADU - 600 028. 4 THE DEPUTY GENERAL MANAGER, SOUTHERN TELECOM PROJECT, C.T.S.D.COMPLEX, GANDHINAGAR, ERNAKULAM - 682 020. W.P. (C) No. 24123 of 2019 2 5 STATE TAX OFFICER, SECOND CIRCLE, SGST DEPARTMENT, 2ND FLOOR, TAX TOWER, KARAMANA P.O., THIRUVANANTHAPURAM -695 002. R1-4 BY SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.

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