Kerala High Court
Kshema Power And Infrastructure ... vs Union Of India on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Friday, the 29th day of October 2021 / 7th Karthika, 1943
WP(C) NO. 15426 OF 2021(C)
PETITIONER:
M/S KSHEMA POWER AND INFRASTRUCTURE COMPANY (P) LTD,. REGISTERED
OFFICE AT XXVII/532,T2, TRINITY CASTLE, EDAPALLY,COCHIN - 682024,
KERALA, REPRESENTED BY AUTHORIZED SIGNATORY, C.C. VISWANATHAN NAIR,
S/O. CHANDRA SEKHARAN NAIR, CHANDRA VILAS, KODANAD, ERNAKULAM -
683544.
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF BANKING &
FINANCE, PARLIAMENT HOUSE, NEW DELHI - 110001.
2. RESERVE BANK OF INDIA, BAKERY JUNCTION ROAD, NANDAVANAM, PALAYAM,
TRIVANDRUM - 695033, REPRESENTED BY GENERAL MANAGER.
3. GRIEVANCE REDRESSAL COMMITTEE, STATE BANK OF INDIA, LOCAL HEAD
OFFICE, POOJAPURA, TRIVANDRUM - 695012.
4. THE GENERAL MANAGER, STATE BANK OF INDIA, LOCAL HEAD OFFICE,
POOJAPURA, TRIVANDRUM - 695012.
5. THE CHIEF MANAGER, STATE BANK OF INDIA, SMALL SCALE FINANCE,
KALAMASSERY BRANCH, PATHADIPALAM, ERNAKULAM - 682024.
6. THE MANAGER, STATE BANK OF INDIA, SMALL SCALE FINANCE, SUKHLIYA
BRANCH, INDORE, MADHYAPRADHESH 452003.
7. THE PROJECT DIRECTOR, MADHYA PRADESH PASCHIM KSHETHRA VIDYTH VITARAN
COMPANY LTD, G.P.H. COMPOUND, POLOGROUND, INDORE, MADHYAPRADHESH
452003.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings including invocation or any other
step under Ext.P6 by the 5th respondent, during the pendency of this writ
petition, in the interest of justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S PRAVEEN K. JOY, T.A.JOY, E.S.SANEEJ, M.P.UNNIKRISHNAN, M.K.SAMYUKTHA,
N.ABHILASH, DEEPU RAJAGOPAL & BEENA JOSEPH Advocates for the petitioner,
SHRI.P.VIJAYAKUMAR, ASSISTANT SOLICITOR GENERAL OF INDIA, for the
respondent 1,STANDING COUSNEL for the respondents 3 to 6, and of SRI.
S.EASWARAN Advocate for the respondent 5, the court passed the following:
Exhibit P6 TRUE PHOTOCOPY OF THE LETTER ISSUED TO THE 5TH
RESPONDENT BANK DATED 30.07.2021 IN RESPECT OF THE BANK
GUARANTEE OF THE PETITIONER.
Exhibit P1 TRUE PHOTOCOPY OF THE JUDGMENT OF THIS HON'BLE COURT
DATED 26.04.2021.
Exhibit P2 TRUE PHOTOCOPY OF THE BANK GUARANTEE
NO.7029119BG0000058 DATED 20.09.2019.OF STATE BANK OF
INDIA, SME KALAMASSERY.
Exhibit P3 TRUE PHOTOCOPY OF THE BANK GUARANTEE
NO.7029119BG0000055 DATED 20.09.2019 OF STATE BANK OF
INDIA, SME KALAMASSERY.
Exhibit P4 TRUE PHOTOCOPY OF THE BANK GUARANTEE
NO.7029119BG0000053 DATED 20.09.2019 OF STATE BANK OF
INDIA, SME KALAMASSERY.
P.V.KUNHIKRISHNAN, J.
==============================================================
W.P.(C) No.15426 of 2021 - C
===================================================================================
Dated this the 29th day of October, 2021
ORDER
Today when this matter came up for consideration, the
learned Standing Counsel for respondents 3 to 6 takes me
through clause iii in Ext.P4 in which it is stated: "We are liable
to pay the guaranteed amount or any part thereof under this
Bank Guarangee only and only if you serve upon us a written
claim or demand on or before 31.12.2021". Therefore, the
learned Standing Counsel submitted that the interim order,
dated 27.8.2021 may be modified.
After hearing both sides, I think there is nothing to
interfere with the interim order dated 27.08.2021. This Court
only observed that in the light of Ext.P1 judgment of this Court,
the Bank may not be able to act upon Ext.P6 claim insofar as it
relates to Exts.P2 and P3 bank guarantees. It is an order subject
W.P.(C) No. 15426 of 2021
to the decision in the writ petition. Of course it is recorded as
the submission on behalf of the learned Standing Counsel. I
make it clear that it is an order from Court.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
29-10-2021 /True Copy/ Assistant Registrar
