IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 14997 of 2009(T) -------------------------- PETITIONER: ------------------ M/S.DIVINE GENERATOR SPARES & SERVICES AT 6/1083 ,4TH RAILWAY GATE,CALICUT,REPRESENTED BY ITS PROPRIETRIX, VALERIE.P.FERNANDEZ, AGED 53 YEARS, RESIDING AT DIVINE SHELTER,6/1083, NEAR 4TH RAILWAY GATE, CALICUT PIN 673 001. BY ADV. SRI.K.P.RAMACHANDRAN SRI.T.NIKLAVU RESPONDENTS: ---------------------- 1. THE CHIEvF GENERAL MANAGER, B.S.N.L., KERALA TELECOM CIRCLE ,THIRUVANANTHAPURAM. 2. THE ASSISTANT GENERAL MANAGER (PLANNING) DEPARTMENT OF TELECOMMUNICATIONS TRICHUR. 3. THE GENERAL MANAGER DEPARTMENT OF TELECOMMMUNICATIONS TRICHUR. 4. ASSISTANT GENERAL MANAGER DEPARTMENT OF TELECOMMUNICATIONS (PLANNING) KOZHIKODE. 5. EXECUTIVE ENGINEER (E) B.S.N.L. ELECTRICAL DIVISION, TRICHUR. 6. THE CHIEF MANAGING DIRECTOR, B.S.N.L.,STATESMAN HOUSE, BARAKHAMBA ROAD, NEW DELHI 110 001. R1 TO R6 BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: app/- V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 14997 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 18th day of August 2009. JUDGMENT Petitioner was engaged for the repair and maintenance of Engine / Alternate Sets, Generator etc. by respondents 2 and 3. Two agreements were also executed in that behalf, in the year 1998. It seems that the work was not completed within the time originally stipulated and therefore, it was extended. According to the petitioner, the work was completed in the year 2000 and therefore the amount should have been paid. Then EMI should have been released atleast by 2000. That was also not done. Representations were made by the petitioner. There was dispute between the parties. Ultimately, the writ petition has filed seeking a direction to respondents 2, 4 and 5 requiring the respondents to pay the remuneration bills submitted by the petitioner. 2. A statement has been filed on behalf of the respondents. They alleged that a total amount of Rs.18,36,349/- has been paid to the petitioner as against the award amount of Rs. 5,08,800/-. W.P.(C). No. 14997 OF 2009 2 Final bill was paid on 24.09.2004. Payment bills are contained in Exts. R1(a) and R1(b). Claims made by the petitioner was considered and Ext.R1(c) order has been passed. In fact, some of the claims have been accepted. 3. I heard learned Counsel for the petitioner and learned Counsel for the respondents. The dispute between the parties arouse out of a contract. Further, claims made by the petitioner is disputed by the respondents. In these circumstances, it is not possible to resolve the dispute between the parties under Article 226 of the Constitution of India. I also take note of the fact that the final bill was passed in the year 2004. Remedy of the petitioner lies before the Civil Court. He is entitled to avail the same. Writ petition is dismissed of without prejudice to the said right of the writ petitioner. (V.GIRI) JUDGE kkms/