IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 27120 of 2011(L) ----------------------------------------- PETITIONER(S): ------------------------- ABDUL RUSSAK, M/S. ELECTROTEC INDUSTRIES, INDUSTRIAL ESTATE, SOUTH KALAMASSERY. BY ADV. SRI.ASP.KURUP SRI.SADCHITH.P.KURUP RESPONDENT(S): ---------------------------- 1. TRIVANDRUM CORPORATION, CORPORATION OFFICE, TRIVANDRUM, REP. BY ITS SECRETARY.PIN-695 001 2. THE SECRETARY, TRIVANDRUM CORPORATION, CORPORATION OFFICE, TRIVANDRUM.PIN-695 001 BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE ADV. SRI.P.K.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.27120/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF LETTER DATED 13.6.2011 ISSUED BY PETITIONER TO THE SECOND RESPONDENT. EXT.P2 TRUE COPY OF THE TEST REPORT DATED 6/6/2011 SUBMITTED BY PETITIONER TO THE SECOND RESPONDENT. EXT.P3A TRUE COPY OF INVOICE NO.1795 DATED 11/11/2010 ISSUED BY PETITIONER TO RESPONDENT. EXT.P3B TRUE COPY OF THE INVOICE NO.2909 DATED 17/3/2011 ISSUED BY PETITIONER TO RESPONDENT. EXT.P3C TRUE COPY OF THE INVOICE NO.2910 DATED 17/3/2011 ISSUED BY PETITIONER TO RESPONDENT. EXT.P3D TRUE COPY OF THE INVOICE NO.076 DATED 26/4/2011 ISSUED BY PETITIONER TO RESPONDENT. EXT.P4 TRUE COPY OF THE RECEIPT DATED 14/8/2011 ISSUED BY RESPONDENT TO PETITIONER. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts HARUN-UL-RASHID, J. ------------------------------------------------- W.P.(C) No. 27120 OF 2011 ------------------------------------------------- DATED THIS THE 29th DAY OF NOVEMBER, 2011 J U D G M E N T The writ petition is filed for a direction commanding respondents 1 and 2 to make payment of Rs.7,19,515.50 to the petitioner, since this is the amount remaining unpaid to the petitioner for which the goods have already been supplied and the same used by the respondents. 2. Petitioner is the proprietor of Electro-tech Industries engaged in the sales and supply of various electrical items. Pursuant to supply order No.E3/E2/65656/10 dated 06-09-2010 issued by the Secretary, Thiruvananthapuram Corporation, the petitioner supplied various electrical items to the 1st respondent. Petitioner submits that pursuant to the said order, the petitioner had supplied various goods and also prepared various invoices making an amount of Rs.7,19,515.50 with respect to the goods supplied. He pointed out that several letters and reminders were addressed to the 2nd respondent for payment of the amount due, but the 2nd respondent has not paid the amount. Petitioner also produced Ext.P3 series which are copies of the invoices mentioned in Ext.P1 submitted to the respondents while supplying the goods. It is pointed out that respondents have W.P.(C) No.27120/2011 -2- acknowledged the receipt of goods and the invoices mentioned in Ext.P1. In the reply affidavit it is further pointed out that the respondents did not receive any of the bills issued by the petitioner and even if the same was received, the same was missing from the files. Thereupon the petitioner gave another copy of the entire bills and the receipt issued by the respondents is marked as Ext.P4. 3. In the statement filed by the 1st respondent the supply of electrical items mentioned in the writ petition is not disputed. In the statement it is stated that the petitioner was given the supply order on 06-09-2010 and the materials were supplied on 11-11-2010 and 17-03-2011. It is further stated that bills for Rs.7,19,515.50 submitted have not been received by the Corporation. It is further submitted that the amount legally due to the petitioner will be paid by the Corporation. 4. Exhibit P1 letter mentioned about the four invoices dated 11-11-2010, 17-03-2011, 17-03-2011 and 26-04-2011 and the total amount due as per invoices as Rs.7,19,515.50. Exhibit P1 is the letter issued on 13-06-2011. Considering the statement that the bills for Rs.7,19,515.50 has not been received by the Corporation, the petitioner produced Ext.P3 series of copies of the invoices along with reply affidavit. In the reply affidavit it is W.P.(C) No.27120/2011 -3- stated that while supplying the goods, invoices were drawn in favour of respondents and the originals were handed over to them. It is also stated that the respondents have acknowledged the receipt of goods and the invoices mentioned in Ext.P1. Exhibit P3 series would show that respondents have acknowledged the receipt of invoices. In the reply affidavit it is also pointed out that the respondents did not receive the invoices issued by the petitioner and even if the same was received, the same was missing from the files. Thereupon the petitioner furnished another set of copy of the entire bills and the same was received by the respondents. Exhibit P4 is the copy of the receipt issued by the respondents acknowledging receipt of copies of invoices. In view of the facts and circumstances stated above, the writ petition is disposed of directing respondents 1 and 2 to pay the amount due to the petitioner without further delay, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Sd/- HARUN-UL-RASHID, JUDGE. AMG True copy P.A to Judge