S.Ambrose And Company vs The General Manager
2021 Latest Caselaw 7465 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                       WP(C).No.3631 OF 2021(D)


PETITIONER:

               S.AMBROSE AND COMPANY,
               10/188, PARUTHIKOTTAVILAI,
               KUNNAMPARAI JUNCTION,
               KATTATHURA P.O.,
               KANYAKUMARI DISTRICT-629158,
               REPRESENTED BY ITS MANAGING PARTNER JOHNY BECKER,
               AGED 46 YEARS, S/O. ABROSE, 10/188,
               PARUTHIKOTTAVILAI,
               MUNNAMPARAI JUNCTION,
               KATTATHURA P.O.,
               KANYAKUMARI DISTRICT-629158,
               TAMIL NADU.

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

RESPONDENTS:

      1        THE GENERAL MANAGER,
               SOUTHERN RAILWAY HEAD QUARTERS OFFICE,
               PARK TOWN,
               CHENNAI-600003.

      2        THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER
               (CONSTRUCTION),
               SOUTHERN RAILWAY,
               EGMORE, CHENNAI-600003.

      3        THE DEPUTY CHIEF ENGINEER-II (CONSTRUCTION),
               SOUTHERN RAILWAY,
               THIRUVANANTHAPURAM-695014.

               R1-3 BY SRI.S.ANANTHAKRISHNAN, SC, RAILWAYS

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3631 OF 2021(D)                              2




                                          P.V.ASHA, J.
                         -----------------------------------------------------
                                     W.P(c) No. 3631 of 2021
                          ----------------------------------------------------
                            Dated this the 03rd day of March, 2021


                                        JUDGMENT

The petitioner is a running Railway contractor, which has undertaken the works

provided by Ext.P1 acceptance and Ext.P2 agreement. The petitioner has submitted that

the entire work was completed by December, 2020. The writ petition is filed, aggrieved

by the delay in payment of the amount due to the petitioner towards the 2nd part bill.

2. The learned counsel for the Railway, Adv.S.Ananthakrishnan, has filed a

statement stating that the payment was held up since the expenditure exceeded the

sanctioned estimate of the project. It is stated that the matter is under process of revision

and would be completed within a short period and the admissible amount due to the

petitioner would be released after due process within 3 months on getting approval from

the competent authority. It is also stated that the GST invoices submitted by the

petitioner needed correction in respect of the amount in relation to the bill amount and

GST number .

3. The learned counsel for the petitioner submits that appropriate correction

would be made on the GST invoices and the same would be submitted before the

respondents within one week.

As the respondents do not dispute the work carried out by the petitioner and also

the fact that the amount is due to the petitioner towards the work done, there shall be

direction to the respondents to make the payment due to the petitioner within a period of

2 months from the date of receipt of a copy of this judgment.

Sd/-

(P.V.ASHA, JUDGE)

rps/

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 01/12/2018.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE AGREEMENT DATED 21/03/2019.

EXHIBIT P3 TRUE COPY OF THE SECOND PART BILL DATED 05/01/2021 SUBMITTED BY THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 22/01/2021 ISSUED BY THE 3RD RESPONDENT.

//TRUE COPY//        PA TO JUDGE