Jacob Steel And Aluminium ... vs The General Manager
2021 Latest Caselaw 12717 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
    THURSDAY, THE 3RD DAY OF JUNE 2021 / 13TH JYAISHTA, 1943
                    WP(C) NO. 10921 OF 2021
PETITIONER:
0



            JACOB STEEL AND ALUMINIUM INDUSTRIES,
            SREEKARYAM POST,
            THIRUVANANTHAPURAM-695 017,
            REPRESENTED BY ITS PROPRIETOR,
            MOHAN JACOB,
            AGED 66 YEARS,
            S/O. K.I. JACOB,
            KAVANAL HOUSE,
            SREEKARYAM, THIRUVANANTHAPURAM.

            BY ADVS.
            S.SHANAVAS KHAN
            SMT.S.INDU


RESPONDENTS:

      1     THE GENERAL MANAGER,
            SOUTHERN RAILWAY HEAD QUARTERS OFFICE,
            PARK TOWN, CHENNAI-600 003
      2     THE CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION),
            SOUTHERN RAILWAY HEAD QUARTERS OFFICE,
            PARK TOWN, EGMORE,
            CHENNAI-600 003
      3     THE DEPUTY CHIEF ENGINEER II,
            CONSTRUCTION, SOUTHERN RAILWAY,
            ERNAKULAM-682 016
      4     THE DEPUTY FINANCIAL ADVISOR AND CHIEF ACCOUNTS
            OFFICER (CONSTRUCTION),
            SOUTHERN RAILWAY,
            ERNAKULAM-682 016

            BY ADV SRI.A.DINESH RAO, SC, RAILWAYS
            BY ADV SMT.LEVYANN XAVIER

     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 03.06.2021, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
 WP(C) No.10921/2021
                                  :2 :




                         JUDGMENT

~~~~~~~~~

Dated this the 3rd day of June, 2021

The petitioner states that they are Railway

Contractors, who have undertaken works as per Ext.P1

agreement. The work undertaken by the petitioner was

completed in all respects to the satisfaction of the 1 st

respondent-General Manager, Southern Railway. The

petitioner raised Ext.P2 final bill for an amount of

₹19,39,628.37 in the year 2019. However, the bill has not

been settled so far. Furthermore, the amount is also due

under the GST neutralisation. The petitioner in this writ

petition seeks a direction to settle the bill expeditiously.

2. The learned Standing Counsel for the respondents

submitted that the Railways is facing severe financial crisis

and the respondents should be given a reasonable time to

settle the bill amount. The learned Standing Counsel would WP(C) No.10921/2021

further submit that the payment of bills in respect of many

contractors are delayed and they are taking all efforts to make

the payment on a priority basis.

3. Heard learned counsel for the petitioner and

learned Standing Counsel appearing for the respondents.

4. In view of the facts submits by the learned Standing

Counsel for the respondents, this Court is of the view that the

respondents should be granted reasonable time to settle the

amount.

Accordingly, the writ petition is disposed of directing

the respondents to settle the bills of the petitioner within a

period of four months.

Sd/-

N. NAGARESH, JUDGE

aks/03.06.2021 WP(C) No.10921/2021

APPENDIX OF WP(C)No.10921/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELAVANT PAGE OF CONTRACT AGREEMENT DATED 24.03.2015. EXHIBIT P2 TRUE COPY OF THE FINAL BILL DATED 30.09.2019 SUBMITTED BY THE PETITIONER.

SR