IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 33296 of 2010(J) -------------------------- PETITIONER(S): --------------- K.K.JOY, S/O.K.J.KURIAKOSE,AGED 56, KOOMULLIL HOUSE, VETTIKKAL PO, MULANTHURUTHY-682 314. BY ADV. SRI.V.J.JOSEPH RESPONDENT(S): --------------- 1. BHARAT SANCHAR NIGAM LIMITED, ERNAKULAM, REPRESENTED BY THE DIVISIONAL ENGINEER (SURVEY & ACCESS NETWORK) 2. DIVISIONAL ENGINEER(SURVEY & ACCESS NETW ORK) OFFICE OF THE DIVISIONAL ENGINEER (SURVEY & ACCESS NETWORK),BHARAT SANCHAR NIGAM LIMITED, CIRCLE TELECOM STORE DEPOT (CTSD) COMPLEX,GANDHINAGAR,COCHIN-682 020. SC SRI. MATHEW K. PHILIP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.33296 OF 2010(J) -------------------------------------------------- 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/