Unknown vs Petitioner on 9 April, 2021

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Kerala High Court

Unknown vs Petitioner on 9 April, 2021

Bench: N.Nagaresh

WP(C) 5922/2021                                 1/3



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                             Present:
                     THE HONOURABLE MR.JUSTICE N.NAGARESH

                       Friday,the 9th day of April 2021/19th Chaithra, 1943
                                     WP(C) No.5922/2021
PETITIONER
           For information purpose only
       M/S. RDS PROJECT LTD.
       HEAD OFFICE 427, SOMDUTT CHAMBERS-II, 9,
       BHIKAJI CAMA PLACE, NEW DELHI-110066,
       REGIONAL OFFICE AT SHIHAB THANGAL ROAD,
       PANAMPILLY NAGAR, KOCHI-682019,
       REPRESENTED BY ITS ASSOCIATE DIRECTOR,
       MR. AMIT VARGHESE JOSEPH, AGED 30 YEARS,
       S/O. DR.JOSEPH VARGHESE.
RESPONDENT
1.INDIAN INSTITUTE OF SCIENCE OF EDUCATION AND RESEARCH
     (IISER),
     MARUTHUMALA P.O., VITHURA, THIRUVANANTHAPURAM-695551,
     REPRESENTED BY ITS REGISTRAR.
2.THE DIRECTOR,
     INDIAN INSTITUTE OF SCIENCE OF EDUCATION AND RESEARCH,
     MARUTHUMALA P.O., VITHURA, THIRUVANANTHAPURAM-695551.
3.ENGINEER-IN-CHARGE,
     INDIAN INSTITUTE OF SCIENCE OF EDUCATION AND RESEARCH,
     MARUTHUMALA P.O., VITHURA, THIRUVANANTHAPURAM-695551

         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             stay all further proceedings
pursuant to Exhibit P-12 and further direct the respondents to release the payment covered by
Exhibit P-7 Running Account Bill, pending disposal of this writ petition.


         This petition coming on for orders upon perusing the petition and the aﬃdavit ﬁled in
support of WP(C) and this court's order dated 31.03.2021 and upon hearing the arguments of
M/S DEEPU THANKAN, LAKSHMI SREEDHAR, UMMUL FIDA, Advocates for the
petitioner and of       SMT.SUMATHY DANDAPANI , Senior Advocate along with
SRI.MILLU DANDAPANI, Advocate for R1 to R3, the court passed the following
                               N. NAGARESH, J.
           --------------------------------------------------------------
                         WP(C) No. 5922 of 2021
           --------------------------------------------------------------
                   Dated this the 9th day of April, 2021
       For information purpose only
                                    ORDER

The issue involved is on the alleged non payment of Running Account Bill of the petitioner. When this writ petition came up today, counsel for the petitioner and Standing Counsel representing the respondents submitted that as an interim measure, the respondents are ready to pay an amount of `2,23,92,903/- as indicated in Ext.P16 on or before 15.04.2021 on condition that the petitioner extends the bank guarantee for a further period of atleast six months.

Accordingly, there will be an interim direction to the respondents to disburse an amount of `2,23,92,903/- if the petitioner extends the bank guarantee for a further period of atleast six months.

N. NAGARESH JUDGE ncd Handover /true copy/ Sd/- ASSISTANT REGISTRAR KLHC010158932021 3/3 EXHIBIT P16 - TRUE COPY OF THE MEMORANDUM OF PAYMENT IS RAR DATED 8.1.2020.

For information purpose only

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