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Kerala High Court
"Tharu & Sons" vs The Divisional Commercial ... on 14 November, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 778 of 2011(V)


1. "THARU & SONS", (ROSE BED ROLLS),
                      ...  Petitioner

                        Vs



1. THE DIVISIONAL COMMERCIAL MANAGER,
                       ...       Respondent

2. THE DIVISIONAL RAILWAY MANAGER,

3. THE CHIEF COMMERCIAL MANAGER,

4. THE GENERAL MANAGER, SOUTHERN RAILWAY,

5. UNION OF INDIA, REPRESENTED BY THE

                For Petitioner  :SRI.T.A.SHAJI

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :14/11/2011

 O R D E R
                       ANTONY DOMINIC, J.
              --------------------------------------------------
                   W.P.(C) NO.778 OF 2011(V)
              --------------------------------------------------
           Dated this the 14th day of January, 2011

                           J U D G M E N T

Petitioner has been awarded contract for the supply of bed rolls in A/C II and A/C III tier coaches of the Southern Railway. In this writ petition the main relief sought is to direct the respondents 1 to 4 to confirm the rate of ` 18/- per bed roll and to pay the amount due towards supply of bed rolls in terms of Ext.P1 and similar agreements, in excess of 125% of the agreed quantity.

2. On instructions the standing counsel appearing for the respondents submits that Ext.P5 representation has been received by the 3rd respondent and that since the matter required to be confirmed by the first respondent, the representation was forwarded to the 4th respondent who has obtained report from the first respondent in this matter. It is stated that a decision on the request of the petitioner for confirmation of the rates will be taken, at any rate within 45 days from today. I record the submission and direct that a decision on Ext.P5 shall be taken as undertaken.

WPC.No. 778/2011 :2 :

3. Irrespective of the above, fact remains that petitioner has supplied bed rolls for the last one year without getting any payment for the excess quantity supplied. Taking note of this and also taking note of the financial constrains expressed by the petitioner, I direct that at least 50% of the admitted amount due to the petitioner shall be disbursed before 31st of January, 2011.

Petitioner shall produce a coy of the judgment before the 4th respondent for compliance.

(ANTONY DOMINIC) JUDGE vi/