IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 28502 of 2005(K) ---------------------------------------- PETITIONER: --------------------- THE BEARDSELL LTD., T.D.ROAD, COCHIN, REPRESENTED BY ITS BRANCH MANAGER, M.E.CHANDRAN. BY ADV. SRI.SREEPRAKSH.K.NAIR RESPONDENT: ----------------------- THE CHIEF MECHANICAL ENGINEER, COCHIN PORT TRUST, COCHIN-3. ADV.SRI.B.S.KRISHNAN (SR.), SC ADV.SRI.A.M.SHAFFIQUE (SR.) FOR R1 SRI.E.K.NANDAKUMAR FOR R1 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28502/2005 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF AWARD OF WORKMEN'S COMPENSATION COMMISSIONER DTD. 10/02/03. EXT.P2: COPY OF COMMUNICATION ISSUED BY NATIONAL INSURANCE COMPANY TO PETITIONER DTD.2/04/03. EXT.P3: COPY OF BILL SUBMITTED BY PETITIONER DTD. 13/03/03. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF LETTER DTD. 16/05/2003 ISSUED BY THE DIVISIONAL MANAGER OF NATIONAL INSURANCE CO.LTD., CHENNAI. EXT.R1(B): COPY OF LETTER DTD. 13/05/2003 SENT BY THE CHIEF MECHANICAL ENGINEER, COCHIN PORT TRUST TO THE PETITIONER. EXT.R1(C): COPY OF LETTER DTD. 12/06/2003 ADDRESSED TO THE RESPONDENT BY THE BRANCH MANAGER OF THE PETITIONER. EXT.R1(D): COPY OF LETTER DTD. 9/09/2003 TO THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.28502 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) Issue a writ of mandamus or any other writ, direction or order directing the respondent to pay the balance Bill amount of Rs.3,92,752/- with statutory rate of interest as per Ext.P3 Final Bill to petitioner. In view of the disputed facts as stated in the counter affidavit, the remedy open to the petitioner is to approach the Civil Court. Therefore, this writ petition is disposed of making it clear that in the event of the petitioner approaching the Civil Court, the time taken for prosecuting this writ petition shall stand excluded while computing the period of limitation. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 28502 OF 2005 J U D G M E N T 18.07.2008