High Court Kerala High Court

Kurien.E.Kalathil vs Kerala State Electricity Board on 21 August, 2008

Kerala High Court
Kurien.E.Kalathil vs Kerala State Electricity Board on 21 August, 2008
       

  

  

 
 
  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.

                  ==================

                    W.P.(C).No.4614 of 2008

                  ==================

             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