IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4614 of 2008(Y)
1. KURIEN.E.KALATHIL, CONTRACTOR,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE CHIEF ENGINEER (CONSTRUCTION CIVIL)
3. THE FEDERAL BANK LIMITED, NANTHANCODE
For Petitioner :SRI.A.V.THOMAS
For Respondent :SRI.P.P.THAJUDEEN, SC, K.S.E.B
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :21/08/2008
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No.4614 of 2008
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Dated this the 21st day of August, 2008
J U D G M E N T
The petitioner has executed certain works on behalf of the
Kerala State Electricity Board. Although the work has been
completed and the project dedicated to the nation on
16.12.2005, the amount due to the petitioner for the work has
not been paid yet. At the same time, the petitioner is called upon
to go on renewing the bank guarantee in lieu of retention money
towards guarantee for satisfactory completion of the work.
According to the petitioner, this is totally unjust and
unreasonable in so far as after dedicating the work to the nation
on 16.12.2005, the respondents cannot have any grievance
regarding satisfactory completion of the work. The petitioner also
refers to Ext.P4, wherein the KSEB themselves have certified that
the work undertaken by the petitioner has been successfully
completed to their satisfaction and the project is under operation.
On 8.2.2008, while admitting the writ petition, a stay was
granted on condition that the bank guarantee mentioned in
w.p.c.4614/08 2
Ext.P6 would be kept alive by the petitioner. The same was
extended till 31.8.2008. According to the petitioner, the
respondents are now insisting on further extending the bank
guarantee simply on the ground that they are yet to finalise the
bills.
2. The learned Standing Counsel appearing for the
Electricity Board, on instructions, submits that the matter would
be finalised within one month. Although I find considerable merit
in the contentions of the petitioner, I dispose of this writ petition
with a direction to the petitioner to renew the bank guarantee for
one more month from 31.8.2008. The respondents shall finalise
the bills for the work within that period. The respondents shall
not require the petitioner to extend the bank guarantee any
further.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
w.p.c.4614/08 3