Kerala High Court
Kudroli Builders And Infrastructures ... vs Ministry Of Micro, Small And Medium ... on 24 February, 2023
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
WP(C) No.6422/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Friday, the 24th day of February 2023 / 5th Phalguna, 1944
WP(C) NO. 6422 OF 2023(C)
PETITIONER:
KUDROLI BUILDERS AND INFRASTRUCTURES PRIVATE LIMITED, "A-CLASS"
CONTRACTOR, CGP-10/33A, KUDROLI MANNATH, CHERKALA CHENGALA,
KASARGODU-671 541. (REPRESENTED BY AHAMED SHAFI C. M., MANAGING
DIRECTOR)
RESPONDENTS:
1. MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES (MSME), GOVERNMENT
OF INDIA, NIRMAN BHAVAN, 7TH FLOOR, MOULANA AZAD ROAD, NEW DELHI -
110 108. (REPRESENTED BY THE DEVELOPMENT COMMISSIONER)
2. NATIONAL SMALL INDUSTRIES CORPORATION LTD, S-67, GCDA COMMERCIAL
COMPLEX, MARINE DRIVE, SHANMUGHAM ROAD, KOCHI-682031. (REPRESENTED
BY ITS MANAGING DIRECTOR)
3. STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY (FINANCE),
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001
4. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
CIRCLE, SAKTHAN THAMPURAN NAGAR, THRISSUR-680 001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 4th respondent to permit the petitioner to execute
the agreement pursuant to Exts.P6 work order by furnishing bank guarantee
for the entire amount pending final disposal of the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.P.J.ANILKUMAR & K.N.SREEKUMARAN, Advocates for the petitioners,
CENTRAL GOVERNMENT COUNSEL for R1 & R2 , GOVERNMENT PLEADER for R3 and of
SRI.V.V.JOSHI, STANDING COUNSEL for R4, the court passed the following:
WP(C) No.6422/2023 2/3
SHAJI P.CHALY, J.
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W.P.© No.6422 of 2023
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Dated this the 24th day of February, 2023
ORDER
Sri.V.V.Joshi - learned Standing Counsel takes notice for 4th respondent, learned CGC as well as Government Pleader takes notice for respondents 1, 2 and 3, respectively.
2. Similar matters are admitted and interim orders are passed, evident from Exhibit P7 order dated 13th December, 2022 in W.P.© No.40315 of 2022. Therefore, the 4th respondent is directed to execute an agreement with the petitioner on the petitioner furnishing bank guarantee instead of cash towards application fee, EMD and security deposit.
Post along with connected cases.
Sd/-
SHAJI P. CHALY
smv JUDGE
24-02-2023 /True Copy/ Assistant Registrar
WP(C) No.6422/2023 3/3
APPENDIX OF WP(C) 6422/2023
EXHIBIT P6 TRUE COPY OF THE WORK ORDER DATED 02-02-2023 ISSUED BY
THE 4TH RESPONDENT.
Exhibit-P7 TRUE COPY OF THE ORDER DATED 13.12.2022 IN WP (C)
40315/2022 OF THIS HON'BLE COURT.
24-02-2023 /True Copy/ Assistant Registrar