Kerala High Court
Adarsh Enterprises vs Kerala Water Authority on 13 April, 2023
WP(C) No.13268/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
WP(C) NO. 13268 OF 2023(G)
PETITIONER:
ADARSH ENTERPRISES, THROUGH ITS PROPRIETOR, M.V. JAYARAJAN, AGED 55
YEARS, S/O. VELAYUDHAN, MALAYAMPURATHUPADY HOUSE, VALAYAMCHIRANGARA
POST, PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683 556.
RESPONDENTS:
1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, HEAD
OFFICE, JALA BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695
033.
2. THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER,
P.H. CIRCLE, KERALA WATER AUTHORITY, COLLECTORATE P.O., KOTTAYAM,
PIN - 686 002.
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 pass an order directing 2nd respondent to permit the petitioner
to execute agreement pursuant to Ext.P2 without insisting for conditions
therein to remit additional performance guarantee, pending disposal of
this W.P. (c) in the interest of justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. GEORGE MATHEW, M.D.SASIKUMARAN, SUNIL KUMAR A.G, MATHEW K.T., GEORGE
K.V., STEPHY K REGI & ADARSH KURIAN, Advocates for the petitioners, the
court passed the following:
WP(C) No.13268/2023 2/4
SHAJI P.CHALY, J.
=========================
W.P.(C). No. 13268 of 2023
=========================
Dated this the 13th day of April, 2023
ORDER
In fact, the issues raised in this writ petition was considered by
this Court in a batch of writ petitions and held that, whenever a
tender is invited by the Kerala Water Authority exceeding an amount
of Rs.5 lakhs, an Additional Performance Guarantee is to be provided
if the quoted amount is going below 10% of the probable amount of
the contract for each item of work quoted by the petitioner. I am
informed that, in an appeal preferred by some of the contractors
against the judgment in the batch of writ petitions, an interim order
was passed stating that the interim order passed by the learned Single
Judge will continue, subject to further condition that the final bill
need not be released to the appellant contractor.
2. In that view of the matter, I think it is appropriate that, in
order to avoid further delay in execution of the agreement and
starting the work, respondents are directed to execute an agreement
with the petitioner, on the petitioner furnishing a simple bond
undertaking to furnish Additional Performance Guarantee if and
WP(C) No.13268/2023 3/4
W.P.(C). No. 13268 of 2023
when directed so by this Court at a later point of time. Accordingly, I do
so.
Time for executing the agreement will stand extended for a period
of one week from today.
Sd/-
SHAJI P.CHALY
JUDGE
uu
13.04.2023
13-04-2023 /True Copy/ Assistant Registrar
WP(C) No.13268/2023 4/4
APPENDIX OF WP(C) 13268/2023
Exhibit P2 TRUE COPY OF WORK ORDER NO. 2613/D2/2022/PHC-KTM DTD.
15.03.2023 ISSUED BY 2ND RESPONDENT TO PETITIONER
13-04-2023 /True Copy/ Assistant Registrar
