K.M.BINOY Vs. DIVISIONAL ENGINEER TRANSMISSION MAINTENANCE

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:-

(2.) Petitioner, who is a contractor, had executed a work awarded by Exhibit P2 on behalf of the BSNL. It is stated that Exhibits P4,P5 and P6 series of bills have been raised by the petitioner after completion of the work. However, by Exhibit P7, the claim of the petitioner was rejected on the ground that the work has not been completed in accordance with the work order issued and that the bills can be processed only after completion of the works.

(3.) A counter affidavit has been filed by respondents 1 to 5 contending therein that the tender conditions itself provided that all terms of works involved in the work order shall be completed in all respects before preferring the bills for the work. It is stated that since the work is admittedly not complete, the amount due cannot be paid. It is further contended that the payment claimed is in respect of disputed amounts and that the writ petition is not maintainable for the said purpose.