C.P.Sangeeth vs Bharat Sanchar Nigam Ltd. (Bsnl)
2023 Latest Caselaw 2968 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                       WP(C) NO. 33891 OF 2019
PETITIONER:

          C.P.SANGEETH
          PROPRIETOR,
          POWERLINE CONSULTANTS, IDA-1/248,
          ERUMATHALA P.O., ALUVA, KOCHI-683 112.
          BY ADV H.RAMANAN


RESPONDENTS:

    1     BHARAT SANCHAR NIGAM LTD. (BSNL)
          REGD.OFFICE, BHARAT SANCHAR BHAVAN,
          HCM LANE, JANPATH, NEW DELHI-110 001,
          REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.
    2     CHIEF GENERAL MANAGER,
          OFFICE OF THE CHIEF GENERAL MANAGER,
          BSNL, PMG JUNCTION,
          THIRUVANANTHAPURAM-695 033.
    3     THE CHIEF ENGINEER(E),
          BSNL KERALA ELECTRICAL ZONE,
          ADMINISTRATIVE BUILDING, TELEPHONE EXCHANGE COMPOUND,
          MANACAUD, THIRUVANANTHAPURAM-695 009.
    4     DEPUTY GENERAL MANAGER(F9NANCE),
          OFFICE OF THE CHIEF GENERAL MANAGER,
          BSNL, PMG JUNCTION, THIRUVANANTHAPURAM-695 033.
    5     CHIEF ACCOUNTS OFFICER BILLS (ERP AND CSC),
          BSNL, KERALA CIRCLE, THIRUVANANTHAPURAM-695 033.
    6     EXECUTIVE ENGINEER(ELECTRICAL),
          BSNL ELECTRICAL DIVISION, 4TH FLOOR,
          CTO BUILDING, ERNAKULAM-682 016.
    7     EXECUTIVE ENGINEER(E),
          BSNL ELECTRICAL DIVISION, 1ST FLOOR,
          CENTRAL TELEPHONE, EXCHANGE, PRESS ROAD,
          THIRUVANANTHAPURAM-695 001.
    8     EXECUTIVE ENGINEER(E),
          BSNL ELECTRICAL DIVISION,
          OLD CTO BUILDING, SILK STREET,
          BEACH ROAD, KOZHIKODE-673 032.
    9     EXECUTIVE ENGINEER(E),
 W.P.(C) No.33891 of 2019
                                        2

             BSNL ELECTRICAL DIVISION, 4TH FLOOR,
             SANCHAR BHAVAN, TUDA ROAD, THRISSUR-680 02.
     10      EXECUTIVE ENGINEER(E),
             BSNL ELECTRICAL DIVISION, BSNL BHAVAN,
             SOUTH BAZZAR, KANNUR-670 002.
             BY ADV SRI.MATHEWS K.PHILIP,SC, BSNL



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   13.03.2023,    THE    COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.33891 of 2019
                                 3


                           JUDGMENT

Dated this the 13th day of March, 2023

The petitioner is a contractor engaged by the Bharat Sanchar

Nigam Ltd (BSNL). The claim raised by the petitioner in this writ

petition is, the money due to the petitioner on account of the

contract works carried out, the Earnest Money Deposit (EMD) and

Security Deposit. It is also submitted that, certain amounts are

withheld for release of FDR deposited as performance guarantee

also. It is the case of the petitioner that, Exts.P2 to P8 are the

claims placed before the BSNL Ltd. To which BSNL has issued

Ext.P11 reply refuting the claims raised by the petitioner. A counter

affidavit is filed by the respondents, whereby it is stated that the

claim of the petitioner through legal notice dated 11.11.2019 was

responded by the answering respondent as per Ext.P11. It is

further pointed out that, the legal notice itself was vague and did

not contain the statement attached.

2. However, when today the matter was taken up, the

learned Standing Counsel for BSNL submitted that, if the petitioner

approaches the respondents Exts.P2 to P8 claims will be considered

by the said authority in accordance with law.

3. In that view of the matter, I am of the considered W.P.(C) No.33891 of 2019

opinion that that the writ petition can be disposed of especially

since it was pending before this Court for the past more than 4

years.

4. I have heard learned counsel for the petitioner,

Sri.H.Ramanan, and learned standing counsel for the respondents,

Sri.Mathews K.Philip, and perused the pleadings and material on

record.

Therefore, the writ petition is disposed of directing the

respondents to secure participation of the petitioner and consider

the claims raised by the petitioner in accordance with law, at the

earliest, at any rate within a period of six weeks from the date of

receipt of a copy of this judgment. In the meanwhile, if there are

any admitted amounts, and the security documents can be

released it shall be done by the respondents. The petitioner is also

given the liberty to file any additional documents or statement with

respect of the amount due to the petitioner, within a period of two

weeks from today.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.33891 of 2019

APPENDIX OF WP(C) 33891/2019

PETITIONER EXHIBITS EXHIBIT P1 SPECIMEN AGREEMENT BETWEEN PETITIONER AND 1ST RESPONDENT (TRUE COPY).

EXHIBIT P2 STATEMENT OF AMOUNTS DUE TO THE PETITIONER FROM ALL DIVISIONS (TRUE COPY).

EXHIBIT P3 STATEMENT OF AMOUNTS DUE TO PETITIONER FROM CALICUT DIVISION (TRUE COPY).

EXHIBIT P4 STATEMENT OF AMOUNTS DUE TO PETITIONER FROM ERNAKULAM DIVISION (TRUE COPY). EXHIBIT P5 STATEMENT OF AMOUNTS DUE TO PETITIONER FROM KANNUR DIVISION (TRUE COPY).

EXHIBIT P6 STATEMENT OF AMOUNTS DUE TO PETITIONER FROM THRISSUR DIVISION (TRUE COPY). EXHIBIT P7 STATEMENT OF AMOUNTS DUE TO PETITIONER FROM THIRUVANANTHAPURAM DIVISION (TRUE COPY).

EXHIBIT P8 STATEMENT OF AMOUNTS DUE TO PETITIONER FROM KOTTAYAM DIVISION (TRUE COPY). EXHIBIT P9 LETTER OF SE TO THE 9TH RESPONDENT (TRUE COPY).

EXHIBIT P10 PETITIONER'S LEGAL NOTICE TO RESPONDENTS (TRUE COPY).

EXHIBIT P11 7TH RESPONDENT'S REPLY TO EXT.P10 (TRUE COPY).