Bmt Constructions vs Bharath Sanchar Nigam Limited
2022 Latest Caselaw 648 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                      WP(C) NO. 29745 OF 2021
PETITIONER:

            BMT CONSTRUCTIONS
            12/80B, MALIKAYIL BUILDING, MANTHADI, KIDANGOOR
            SOUTH P.O., KOTTAYAM - 686 583
            REPRESENTED BY IS AUTHORISED SIGNATORY BIBY T.S.
            BY ADV BINOY VASUDEVAN

RESPONDENTS:

    1       BHARATH SANCHAR NIGAM LIMITED
            (GOVERNMENT OF INDIA UNDERTAKING) REPRESENTED BY
            ITS CHAIRMAN AND MANAGING DIRECTOR, BSNL CORPORATE
            OFFICE, HARISH CHANDRA MATHUR LANE, JANPATH,
            NEW DELHI - 110001.

    2       THE CHIEF GENERAL MANAGER
            BHARATH SANCHAR NIGAM LIMITED, PMG JUNCTION,
            THIRUVANANTHAPURAM - 695 001.

    3       THE PRINCIPAL GENERAL MANAGER
            BHARATH SANCHAR NIGAM LIMITED, OFFICE OF THE
            PRINCIPAL GENERAL MANAGER, BSNL, TELECOM DISTRICT,
            KOTTAYAM - 686 001.`

OTHER PRESENT:

            SRI.MATHEWS.K.PHILIP, SC


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   14.01.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.29745/2021

                                   2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.29745 of 2021
              ----------------------------------------------
            Dated this the 14th day of January, 2022


                            JUDGMENT

This writ petition is filed with following prayers:

i. Issue a Writ of Mandamus or other appropriate Writs, Orders or Directions commanding the respondents particularly the 3rd respondent to release the security deposit as well as the EMD pertaining to the subject matter works to the petitioner by considering Exhibits P-3 and P-4 representations as expeditiously as possible at any rate within a time frame to be fixed by this Hon'ble Court in the interest of justice. ii. Issue a Writ to declare that the 3 rd respondent is having absolutely no authority to withhold the security deposit as well as the EMD amount since the period of contract and the no fault period had expired long back.

iii. Render such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. The grievance of the petitioner is that the 3 rd

respondent is not justified in withholding the security deposit

and the earnest money deposit which are liable to be given to W.P.(C).No.29745/2021

the petitioner once the period of contract and the no fault

period is over. The petitioner submitted Exts.P3 and P4

representations before the 3rd respondent. The learned

counsel for the petitioner that there is no response to those

representations so far.

3. I also heard the learned Standing Counsel for the

respondents.

4. The learned Standing Counsel submitted that the

authority concerned will consider Exts.P3 and P4 and will pass

appropriate orders, and if there is any eligible amount, the

authority concerned will disburse the same to the petitioner.

5. If that is the case, this writ petition can be disposed

of directing the 3rd respondent to consider Exts.P3 and P4, and

also to disburse the amount, if any, due to the petitioner.

Therefore, this writ petition is disposed of in the

following manner:

1. The 3rd respondent is directed to consider and

pass appropriate orders in Exts.P3 and P4 in

accordance to law, as expeditiously as possible,

at any rate, within one month from the date of

receipt of a copy of this judgment.

W.P.(C).No.29745/2021

2. If any amount is to be paid to the petitioner

based on the order passed by the 3rd

respondent, the same should be disbursed

within six weeks from the date on which orders

are passed in Exts.P3 and P4.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.29745/2021

APPENDIX OF WP(C) 29745/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE TENDER NOTIFICATION BEARING NO.

N12/CP/2017-18/PDF/1 ON 01/04/2017. Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 29/10/2019 IN WP(C) NO.25321 OF 2019. Exhibit P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 05/08/2021.

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 05/08/2021 ALONG WITH POSTAL RECEIPT.