IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 980 of 2008(H)
1. EMGMI AGENCIES, REPRESENTED BY ITS
... Petitioner
Vs
1. KERALA WATER AUTHORITY, JALABHAVAN,
... Respondent
2. THE EXECUTIVE ENGINEER, KERALA WATER
3. INDUSTRIAL ENGINEERS, REPRESENTED BY
For Petitioner :SRI.BOBBYMATHEW KOOTHATTUKULAM
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :26/11/2008
O R D E R
KURIAN JOSEPH, J.
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Review Petition No.980 OF 2008
IN
O.P. No. 6795 OF 2003
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Dated this the 26th day of November, 2008.
O R D E R
By judgment dated 16.11.2006 in O.P.No.6795/2003, this
Court relegated the petitioner to pursue its surviving grievance
before the second respondent in the matter of forfeiture of
earnest money. It was also observed that whether automatic
forfeiture of Earnest Money Deposit is permissible will have to be
considered by the said respondent.
2. According to the review petitioner-writ petitioner, this
Court in the interim order dated 09.06.2004 had reserved the
right of the petitioner to pursue the grievance regarding forfeiture
of EMD and damages in the writ petition.
Learned counsel for the petitioner submits that pursuant to
the judgment dated 16.11.2006, the second respondent
had already considered the matter and the request was
rejected. The issue is now pending before this Court in
W.P.(C) No.31159/2008. All what is required is to clarify that it
R.P.No.980/08 2
will be open to the writ petitioner-review petitioner to pursue all
its contentions taken in O.P.No.6795/2003 also in W.P.(C)
No.31159/2008. Clarified accordingly and this review petition is
disposed of as above.
KURIAN JOSEPH, JUDGE.
smp
R.P.No.980/08 3
KURIAN JOSEPH, J.
R.P.No.980 OF 2008
IN
O.P. No. 6795 OF 2003
O R D E R
26.11.2008
R.P.No.980/08 4