M/S Hi- Tech Construction Group vs The Kerala Water Authority
2023 Latest Caselaw 4668 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
              THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
         Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
                              WA NO. 755 OF 2023
   AGAINST THE JUDGMENT DATED 21.03.2023 IN WP(C) 8578/2023 OF THIS COURT
APPELLANT/PETITIONER:

     M/S HI- TECH CONSTRUCTION GROUP, A1216 217 & 2018 CITI TOWER,
     SECTOR- 15, CBD BELAPUR, NAVI MUMBAI 400614, REPRESENTED BY POWER OF
     ATTORNEY HOLDER, ABRAHAM BABY, AGED 53 YEARS, S/O T.O.BABY, RESIDING
     AT THOTTATHIL ST. MARYS , NEAR PUSHPAGIRI MEDICAL COLLEGE,
     THIRUVALLA, PATHANAMTHITTA DISTRICT- PIN 689101

BY ADVS.M/S. K.N.RADHAKRISHNAN(THIRUVALLA) AND C.S.MANILAL

RESPONDENT/RESPONDENTS:

  1. THE KERALA WATER AUTHORITY, JALA BHAVAN, NANADHAVANAM,
     THIRUVANANTHAPURAM PIN -695033. REPRESENTED BY ITS MANAGING
     DIRECTOR.
  2. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, JUNCTION, PH
     CIRCLE, KERALA WATER AUTHORITY, ALAPPUZHA - PIN 688 001.

BY STANDING COUNSEL SRI.   P.M.JOHNY FOR R1 TO R2

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay exhibit P6 demand notice and judgement in WPC 8578/2023 dated
21.03.2023, issued by the respondent, pending disposal of the writ appeal.

     This Writ Appeal coming on for admission on 12.04.2023, upon
perusing the appeal memorandum, the court on the same day passed the
following:




                                                                    P.T.O
 EXHIBIT P6: THE COPY OF DEMAND NOTICE DATED 27.01.2023

ISSUED BY THE SECOND RESPONDENT
                    A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
                  ----------------------------------------------
                              Writ Appeal No.755 of 2023
                  ----------------------------------------------
                      Dated this the 12th day of April, 2023


                                        O R D E R

A.Muhamed Mustaque, J.

Admit.

The respondents entered appearance through counsel.

The appellant is permitted to proceed with the work

on executing a simple bond in favour of the second

respondent-the Superintending Engineer, Kerala Water

Authority, within one week from today undertaking to

furnish additional performance guarantee as and when

this Court directs and on the further condition that

the final bill will not be released without the

orders of this Court.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE ln

12-04-2023 /True Copy/ Assistant Registrar