IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33296 of 2010(J)
1. K.K.JOY, S/O.K.J.KURIAKOSE,AGED 56,
... Petitioner
Vs
1. BHARAT SANCHAR NIGAM LIMITED,
... Respondent
2. DIVISIONAL ENGINEER(SURVEY & ACCESS NETW
For Petitioner :SRI.V.J.JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :03/11/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.33296 OF 2010(J)
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Dated this the 3rd day of November, 2010
J U D G M E N T
Respondents awarded a contract to the petitioner for
executing the works of trenching, pipe laying, cable blowing and
associated works in Section ANW 3/08 of Chittoor OAN route. By
Ext.P4, the contract was terminated at the risk and cost of the
petitioner. According to the petitioner he submitted Ext.P5
current bill for the works executed, the payment of which has
been declined by Ext.P6. It is challenging Ext.P6 and seeking a
direction to the respondents to release payments for the works
executed by the petitioner the writ petition is filed.
2. A reading of Ext.P6 shows that payment has been
declined to the petitioner for the reason that the contract was
terminated at the risk and costs of the petitioner. According to the
respondents, the question of payment can be considered only
after completing the work by other means at the risk and costs of
the petitioner.
3. Evidently therefore the liability of the respondents to
make payment to the petitioner, at least for the present is
WPC.No. 33296/2010
:2 :
disputed by them. It is also the admitted position that the
agreement itself provides for arbitration of the dispute. Therefore
if at all the petitioner has any claim, such claim can be raised by
the petitioner only in terms of the agreement which provides for
arbitration.
With that liberty the Writ Petition is dismissed.
(ANTONY DOMINIC)
JUDGE
vi/