IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29454 of 2008(F)
1. RANJITH MADHAVAN, AGED 47, S/O.MADHAVAN,
... Petitioner
Vs
1. AIRPORT DIRECTOR AIRPORT AUTHORITY
... Respondent
2. REGIONAL EXECUTIVE DIRECTOR, AIRPORTS
3. AIRPORTS AUTHORITY OF INDIA, RAJIV
4. ARBITRATOR, DINESH KUMAR, CHENNAI
5. FEDERAL BANK LTD.REP. BY ITS BRANCH
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :07/10/2008
O R D E R
V.GIRI,J.
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W.P ( C) No.29454 of 2008
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Dated this the 7th October, 2008
J U D G M E N T
Dispute between the petitioner and Airport Authority
was referred to the Sole Arbitrator in terms of Exhibit P1.
That resulted in Exhibit P22 award. Petitioner is
aggrieved by a portion of the Award. If so, it is open to
the petitioner to take steps in that regard. Petitioner
apprehends that in the wake of Exhibit P22 award steps
will be taken by the Airport Authorities to encash the
bank guarantee referred to in clause 4 of Exhibit P1
agreement. Learned counsel for the respondents submits
that they are yet to receive the original of Exhibit P22
award and they will not take any steps to encash the bank
guarantee until they receive the amount.
2. Be that as it may, in the facts and
circumstances of the case, I think it is appropriate that
petitioner be granted some breathing time to take steps
in relation to Exhibit P22 award.
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Accordingly, the writ petition is disposed of directing
respondents 1 to 3 to keep in abeyance any steps to encash
the bank guarantee furnished at the instance of the
petitioner and referred to in clause 4 of Exhibit P1 for a
period of four weeks from today. I make it clear that the
direction need not be treated as an expression of opinion
by this Court on the merits of the contention raised by the
petitioner. It is intended only to afford some breathing
time to the petitioner to take appropriate steps in relation
to Exhibit P22 award.
(V.GIRI,JUDGE)
ma
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