Hakkim U.A vs Government Of India
2023 Latest Caselaw 9293 Ker

WP(C) No.28937/2023                          1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
                  Friday, the 25th day of August 2023 / 3rd Bhadra, 1945
                                  WP(C) NO. 28937 OF 2023
   PETITIONER:

          HAKKIM U.A., AGED 41 YEARS, S/O. ABDULLA KUNHI UMMER, CONTRACTOR,
          PANALAM HOUSE, CHENGALA, KASARAGOD DISTRICT, PIN - 671541.

   RESPONDENTS:

      1. GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD
         TRANSPORT & HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW
         DELHI - 110001.
      2. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H. CIRCLE,
         MALAPPURAM- 676505.


        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 direct the 2nd respondent to permit the petitioner to execute
   the agreement, provisionally, in pursuance to Ext.P2 letter of acceptance,
   without furnishing additional performance guarantee, and on furnishing 3%
   of the contract value towards performance guarantee, forthwith, for the
   ends of justice, pending final disposal of the Writ Petition (C).


        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
   SRI. BABU JOSEPH KURUVATHAZHA, ARCHANA K.S., MOHAMMED SHAFI.K. and NOEL
   EALIAS, Advocates for the petitioner, DEPUTY SOLICITOR GENERAL OF INDIA
   for R1 and of STANDING COUNSEL for R2, the court passed the following:
 WP(C) No.28937/2023                           2/2




                                         ORDER

Admit.

The Deputy Solicitor General of India takes notice for the 1st respondent. The Standing Counsel takes notice for the 2nd respondent.

The counsel for the petitioner submitted that the point raised in this writ petition is covered in favour of the petitioner as per Exhibit P3 judgment. Therefore, an interim order can be passed in this case.

The 2nd respondent is directed to allow the petitioner to execute the agreement provisionally, in pursuance to Exhibit P2, without insisting additional performance guarantee.

Post on 20.09.2023 along with connected cases.

The time to execute the agreement is extended for a further period of two weeks.

25.08.2023 Sd/- P.V.KUNHIKRISHNAN, JUDGE

Exhibit P2 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 9.8.2023 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 14.8.2023 IN W.A.NO.725/2023.

25-08-2023 /True Copy/ Assistant Registrar