Kerala High Court
M/S Om Dhar Engineering Pvt. Ltd vs The Kerala Water Authority on 20 April, 2023
WA No.833/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Thursday, the 20th day of April 2023 / 30th Chaithra, 1945
WA NO. 833 OF 2023
Against Judgment dated 31.03.2023 in WP(C) 11188/2023 OF this Court
APPELLANT/WRIT PETITIONER:
M/S OM DHAR ENGINEERING PVT. LTD., II FLOOR, SRINIVASA SQUARE, IMAGE
HOSPITAL LANE, MADHAPUR, HYDERABAD- 500 081, REPRESENTED BY
AUTHORISED SIGNATORY, C INDRAKUMAR, AGED 53 YEARS, S/O SURYA RAO, A
404, TRENDSETWINZ, NANAKRAMGUDA, HYDERABAD, PIN - 500033.
BY ADVS.M/S. V.PREMCHAND, SURYA MOHAN P. & HALIYA T.P.
RESPONDENTS/RESPONDENTS IN WP(C)
1. THE KERALA WATER AUTHORITY, JALA BHAVAN, REPRESENTED BY ITS MANAGING
DIRECTOR, THIRUVANANTHAPURAM, PIN - 695033.
2. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
CIRCLE, HIGH ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR, PIN - 680001.
3. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH
CIRCLE, HIGH ROAD, SAKTHANTAMPURAN NAGAR, THRISSUR, PIN - 680001.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to issue an interim direction directing respondents 1 & 2 to permit the
petitioner to execute agreement mentioned in Exhibit P1 without insisting
to furnish Additonal performance guarantee and extent the time to execute
the agreement pending disposal of this Writ Appeal.
This Writ Appeal coming on for orders on 20.04.2023, upon perusing
the appeal memorandum, the court on the same day passed the following:
WA No.833/2023 2/4
ANU SIVARAMAN & C.S.SUDHA , JJ
=========================
W.A.No.833 of 2023
=========================
Dated this the 20th day of April, 2023
ORDER
ANU SIVARAMAN, J
Admit.
2. Respondents entered appearance.
3. The point involved in the matter is whether an
additional performance guarantee can be required to be
furnished by the writ petitioner with reference to the
Government Order, not mentioned in the NIT based on the
subsequent Government Orders modifying the method of
calculation of additional performance guarantee mentioned in
the Government Order mentioned in the NIT.
4. Having considered the question as above and taking
note of the fact that the writ petitioner has already been
engaged by the Kerala Water Authority, we are of the view that
the additional performance guarantee shall be insisted only with
reference to the manner referred to in the Government Order
WA No.833/2023 3/4
W.A. NO.833 OF 2023
referred to in the NIT.
5. The interim order passed by the learned Single
Judge in the connected cases will be applicable in this
case as well. The time for execution of the agreement
will stand extended by one week, failing which the Kerala
Water Authority will be at liberty to proceed in
accordance with law.
Sd/-
ANU SIVARAMAN
JUDGE
Sd/-
C.S.SUDHA
JUDGE
SSK/20/04
WA No.833/2023 4/4
