Navin Construction Corporation vs Kerala Water Authority
2021 Latest Caselaw 15532 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR. JUSTICE A.M.BADAR
         FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                        WP(C) NO. 10564 OF 2021
PETITIONER/S:

            M/S.NAVIN CONSTRUCTION CORPORATION
            NEAR EDAPPALLY RAILWAY GATE, AIMS, PONEKKARA, COCHIN-682
            041 REPRESENTED BY ITS MANAGING PARTNER, SUGATHAN, AGED
            73 YEARS, S/O. NARAYANAN.

            BY ADVS.
            JOBY JACOB PULICKEKUDY
            SRI.ANIL GEORGE



RESPONDENT/S:

     1      KERALA WATER AUTHORITY
            REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN,
            THIRUVANANTHAURAM-695 033.

     2      THE SUPERINTENDENG ENGINEER
            P.H. CIRCLE, KERALA WATER AUTHORITY, PALAKKAD-678 001.

     3      THE EXECUTIVE ENGINEER
            OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION,
            KERALA WATER AUTHORITY, MINI CIVIL STATION, CHITTUR,
            PALAKKAD-678 001.

     4      THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER
            KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM-
            695033.

            BY ADV SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

            SRI. SAJI VARGHESE, STANDING COUNSEL




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10564 OF 2021               2



                                 JUDGMENT

Heard both sides.

2. The writ petition is seeking reimbursement of the amount

paid as GST.

3. Learned counsel appearing for the petitioner submits that

the liability is undisputed. Learned Standing Counsel appearing for the

respondent submits that there is dispute regarding quantum of the

amount payable to the petitioner. In this view of the matter, it would

be appropriate to direct the 1st respondent to decide as to what

amount is exactly payable by it to the petitioner. This exercise be

done within a period of one month from today and the payment in

pursuant to such decision shall be made, within a further period of two

months.

The writ petition is accordingly closed.

Sd/-

A.M.BADAR

JUDGE ajt

APPENDIX OF WP(C) 10564/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE PHOTOCOPY OF THE AGREEMENT SIGNED BY THE PETITIONER AND THE 2ND RESPONDENT DATED 23.11.2017.

EXHIBIT P2 TRUE PHOTOCOPY OF CIRCULAR NO.0023/2011/DY-

AM/FIN/KWA DATED 10.8.2017 ISSUED BY THE IST RESPONDENT

EXHIBIT P3 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 12.1.2021 SUBMITTED BEFORE THE 3RD RESPONDENT REQUESTING TO REFUND GST AMOUNT.

EXHIBIT P4 TRUE PHOTOCOPY OF LETTER 4.2.2021 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P5 TRUE PHOTOCOPY OF CB3 VOUHER FOR AN AMOUNT OF RS.23,75,600/- (DATED 4.2.2021 ISSUED BY THE 3RD RESPONDENT.