Kerala High Court
M/S Midland Engineering And ... vs Kerala Water Authority on 15 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:76785
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 15TH DAY OF OCTOBER 2024 / 23RD ASWINA, 1946
WP(C) NO. 32034 OF 2024
PETITIONER:
M/S MIDLAND ENGINEERING AND CONTRACTING COMPANY
REPRESENTED BY ITS MANAGING PARTNER,
VARIKODAN BUILDING, VALIYAVARAMBU ROAD,
DOWN HILL.P.O., MALAPPURAM.,
PIN - 676505
BY ADVS.
P.SHANES METHAR
N.KRISHNA PRASAD
A.MOHAMMED FAIZAL
ARJUN P.V.
HARKISH SREETHU V.S.
PUSHPARAJ.K.P
RESPONDENTS:
1 KERALA WATER AUTHORITY
REP. BY ITS MANAGING DIRECTOR,
JALA BHAVAN, VELLAYAMBALAM,
THIRUVANTHAPURAM., PIN - 695033
2 THE SUPERINTENDING ENGINEER
OFFICE OF THE SUPERINTENDING ENGINEER,
PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY,
HIGH ROAD, SAKTHAN THAMPURAN NAGAR,
TRISSUR., PIN - 680001
3 THE EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER,
PROJECT DIVISION, KERALA WATER AUTHORITY,
NATTIKA., PIN - 680566
WP(C)No. 32034 of 2024 2024:KER:76785
2
BY ADV P.M.JOHNY
SRI. P.M. JOHNY STANDING COUNSEL FOR KERALA WATER
AUTHORITY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No. 32034 of 2024 2024:KER:76785
3
JUDGMENT
Dated this the 15th day of October, 2024 The petitioner is a works contractor under the 1st respondent. For the works completed by the petitioner amounts are due under Ext.P10 to P12 certified bills. The petitioner has been awarded Ext.P3 to P7 works and has been called upon to furnish performance guarantee while executing the agreements. The prayer in this writ petition is to permit the petitioner to substitute the performance guarantee with Ext.P10 to P12 bills.
2. Learned Counsel for the petitioner relied on Ext.P2 Government Order to contend that such substitution is possible and was permitted by this Court as per Ext.P8 judgment.
WP(C)No. 32034 of 2024 2024:KER:76785 4
3. Heard learned Standing Counsel for the Kerala Water Authority also.
4. In the light of the Ext.P2 Government Order and Ext.P8 judgment rendered under similar circumstances, the writ petition is disposed of as under;
The 2nd respondent shall permit the petitioner to substitute the performance guarantee submitted for Exts.P3 to P7 works with Exts.P10 to P12 certified bills, within two weeks of production of a copy of this judgment, subject to the petitioner complying with the requirements in Ext.P2 Government Order.
Sd/-
V.G.ARUN JUDGE BG WP(C)No. 32034 of 2024 2024:KER:76785 5 APPENDIX OF WP(C) 32034/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ORDER NO. JB/5408/2023- F1(FUNDS) DATED 06.01.2024 ISSUED BY THE MANAGING DIRECTOR OF THE 1ST RESPONDENT EXHIBIT P2 A TRUE COPY OF THE G.O. (RT) NO. 5989/2020/ FIN. DATED OCTOBER 16, 2020 EXHIBIT P3 A TRUE COPY OF THE LETTER NO.
KWA/PHC/TSR/D5/3043/2022 DATED 30.12.2022 (WORK ORDER) OF THE SECOND RESPONDENT EXHIBIT P3(A) A TRUE COPY OF THE AGREEMENT NO.53/SE/PHC/TSR/2022-23 DATED 12.01.2023 (WORKS CONTRACT) BETWEEN THE PETITIONER AND THE SECOND RESPONDENT EXHIBIT P3(B) A TRUE COPY OF THE TREASURY FIXED DEPOSIT RECEIPT NO. JL 1212130 DATED 12.01.2023 ISSUED FROM DISTRICT TREASURY MALAPPURAM (FOR RS. 44,28,500/-) EXHIBIT P3(C) A TRUE COPY OF THE BANK GUARANTEE NO.
KFC/MLP/58/2022 DATED 11.01.2023 FROM THE KERALA FINANCIAL CORPORATION, MALAPPURAM BRANCH (FOR RS. 44,28,500/-) EXHIBIT P4 A TRUE COPY OF THE LETTER NO.
KWA/PHC/TSR/D5/4865/2022 DATED 16.01.2023 (WORK ORDER) OF THE SECOND RESPONDENT EXHIBIT P4(A) A TRUE COPY OF THE AGREEMENT NO.63/SE/PHC/TSR/2022-23 DATED 30.01.2023 (WORKS CONTRACT) BETWEEN THE PETITIONER AND THE SECOND RESPONDENT EXHIBIT P4(B) A TRUE COPY OF THE TREASURY FIXED DEPOSIT RECEIPT NO.JL 1212270 DATED 30.01.2023 ISSUED FROM DISTRICT TREASURY MALAPPURAM (FOR RS. 89,34,800/-) WP(C)No. 32034 of 2024 2024:KER:76785 6 EXHIBIT P4(C) A TRUE COPY OF THE BANK GUARANTEE NO.
KFC/MLP/59/2022 DATED 30.01.2023 FROM THE KERALA FINANCIAL CORPORATION, MALAPPURAM BRANCH (FOR RS. 89,34,750/-) EXHIBIT P5 A TRUE COPY OF THE LETTER NO.
KWA/PHC/TSR/D2-1651/17 DATED 20.02.2021 (WORK ORDER) OF THE SECOND RESPONDENT EXHIBIT P5(A) A TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO.28/SE/ PHC/TSR/2020-21 DATED 25.02.2021 (WORKS CONTRACT) BETWEEN THE PETITIONER AND THE SECOND RESPONDENT EXHIBIT P5(B) A TRUE COPY OF THE TREASURY FIXED DEPOSIT RECEIPT NO. JL 444522 DATED 23.02.2021 ISSUED FROM DISTRICT TREASURY MALAPPURAM (FOR RS. 16,26,000/-) EXHIBIT P5(C) A TRUE COPY OF THE BANK GUARANTEE NO.
KFC/MLP/32/2022 DATED 25.08.2022 FROM THE KERALA FINANCIAL CORPORATION, MALAPPURAM BRANCH (FOR RS. 16,26,000/-) EXHIBIT P6 A TRUE COPY OF THE LETTER NO.
KWA/PHC/TSR/D5/2895/2022 DATED 30.12.2022 (WORK ORDER) OF THE SECOND RESPONDENT EXHIBIT P6(A) A TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO.54/SE/PHC/TSR/2022-23 DATED 12.01.2023 (WORKS CONTRACT) BETWEEN THE PETITIONER AND THE SECOND RESPONDENT EXHIBIT P6(B) A TRUE COPY OF THE TREASURY FIXED DEPOSIT RECEIPT NO. JL 1212129 DATED 12.01.2023 ISSUED FROM DISTRICT TREASURY MALAPPURAM. (FOR RS. 35,62,000/-) EXHIBIT P6(C) A TRUE COPY OF THE BANK GUARANTEE NO.
KFC/MLP/57/2022 DATED 11.01.2023 FROM THE KERALA FINANCIAL CORPORATION, MALAPPURAM BRANCH (FOR RS. 35,62,000/-) WP(C)No. 32034 of 2024 2024:KER:76785 7 EXHIBIT P7 A TRUE COPY OF THE LETTER NO.
KWA/SE/PHC/TSR/D5/2418/2022 DATED 26.12.2022 (WORK ORDER) OF THE SECOND RESPONDENT EXHIBIT P7(A) A TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO.52/SE/PHC/TSR/2022-23 DATED 12.01.2022 (WORKS CONTRACT) BETWEEN THE PETITIONER AND THE SECOND RESPONDENT EXHIBIT P7(B) A TRUE COPY OF THE TREASURY FIXED DEPOSIT RECEIPT NO. JL 1212109 DATED 11.01.2023 ISSUED FROM DISTRICT TREASURY MALAPPURAM (FOR RS. 43,62,000/-) EXHIBIT P7(C) A TRUE COPY OF THE BANK GUARANTEE NO.
KFC/MLP/53/2022 DATED 09.01.2023 FROM THE KERALA FINANCIAL CORPORATION, MALAPPURAM BRANCH (FOR RS. 43,62,000/-) EXHIBIT P8 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 3.6.2024 IN W.P.(C) NO. 18591 OF 2024 EXHIBIT P9 A TRUE COPY OF THE LETTER DATED 04.09.2024 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P10 A TRUE COPY OF THE CB3 VOUCHER DATED 30.08.2024 PERTAINING TO CC 5TH & FINAL BILL EXHIBIT P11 A TRUE COPY OF THE CB3 VOUCHER DATED 16.08.2024 PERTAINING TO CC 2ND & PART BILL EXHIBIT P12 A TRUE COPY OF THE CB3 VOUCHER DATED 12.04.2024 PERTAINING TO CC 5TH & PART RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE