IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23430 of 2008(L)
1. K.A.JELTON, GOVT.CONTRACTOR,
... Petitioner
Vs
1. THE SUPERINTENDING ENGINEER,
... Respondent
2. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.BABU JOSEPH KURUVATHAZHA
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :08/08/2008
O R D E R
S.SIRI JAGAN, J.
==================
W.P.(C).No. 23430 of 2008
==================
Dated this the 8th day of August, 2008
J U D G M E N T
The petitioner is a Government contractor. He is stated to
have executed several works on behalf of the Government, in
respect of some of which, allegedly amounts are due to him. In
the meanwhile, the petitioner is desirous of participating in a
tender process pursuant to Ext.P1 notification inviting tenders.
The petitioner’s grievance in this writ petition is that the
petitioner is being directed to furnish EMD although amounts are
due from the Government in respect of the earlier works
executed by him. The petitioner, therefore, seeks a direction to
the respondents to permit the petitioner to participate in the
tender process pursuant to Ext.P1 without insisting on payment
of EMD.
2. I have heard learned Government Pleader also who
would submit that some amounts are due to the petitioner
towards payment of passed bills.
3. In the above circumstances, I direct that for the
w.p.c.23430/08 2
purpose of enabling the petitioner to participate in the tender
process pursuant to Ext.P1 any amounts due to the petitioner in
respect of earlier bills to the extent permissible shall be adjusted
against the EMD payable by the petitioner in respect of Ext.P1.
However, the petitioner shall undertake that he shall not claim
that amount until his obligations under the contract, if awarded
to the petitioner pursuant to Ext.P1, are completely discharged. If
the petitioner is liable to pay any further amount even after
adjusting the amounts already due to make up the full amount of
EMD, the same shall be paid by the petitioner.
The writ petition is disposed of as above.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge