Reena Engineers And Contractors ... vs Kerala Water Authority
2023 Latest Caselaw 9336 Ker

WP(C) No.27835/2023                        1/3

                        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. 27835 OF 2023(D)
   PETITIONER:

          REENA ENGINEERS AND CONTRACTORS PVT. LTD. 602, SHIV TOWER, PATTO
          PLAZA, PANAJI, GOA: PIN - 403001 REP. BY ITS MANAGING DIRECTOR

   RESPONDENTS:

      1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, JALA
         BHAVAN, OBSERVATORY HILLS, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN -
         695033
      2. THE SUPERINTENDING ENGINEER, O/O. THE SUPERINTENDING ENGINEER,
         KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, THANA, KANNUR, PIN -
         670012


        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 the respondents to permit the
   petitioner to execute work agreement in tune with Ext.P2 without insisting
   for the conditions to deposit additional performance guarantee pending
   disposal of Writ Petition (Civil) 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.P.SHANES METHAR & N.KRISHNA PRASAD, Advocates for the petitioner and
   of STANDING COUNSEL for respondents, the court passed the following:
 WP(C) No.27835/2023                         2/3




                                        ORDER

Admit.

Learned Standing Counsel takes notice for the respondents.

Counsel appearing for the petitioner submitted that the point raised in this Writ Petition is covered in favour of the petitioner as per Exhibit P3 judgment.

Learned Standing Counsel appearing for the respondents seeks time to get instructions.

After hearing both sides, I think an interim order can be passed in this case.

Therefore, the petitioner is permitted to execute work agreement in tune with Exhibit P2 without insisting for the conditions to deposit additional performance guarantee.

Post on 20.09.2023 along with WP(C)No.28639/2023 and connected cases.

                                                  Sd/- P.V.KUNHIKRISHNAN, JUDGE




25-08-2023                    /True Copy/                               Assistant Registrar
 WP(C) No.27835/2023                 3/3

                       APPENDIX OF WP(C) 27835/2023
Exhibit P2            TRUE COPY OF THE LETTER OF ACCEPTANCE (E-TENDER

NO.WRD/KWA-CE(NR)/TR/16673/2022-26-1-1/1 DATED 19.4.2023 FOR THE JAL JEEVAN MISSION (JJM)-JJM-KANNUR DISTRICT - MALUR GRAMA PANCHAYATH-ZONE-I-WSS TO MATTANNUR, IRRITTY AND ADJOINING PANCHAYATH PHASE-III CONSTRUCTION OF 8 LL GLSR AT CHITHRAPEETAM LAYING DISTRIBUTION SYSTEM AND PROVIDING FHTCS-PIPELINE WORK) ISSUED BY THE SECOND RESPONDENT Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 14.8.2023 IN WA.NO.725 OF 2023 AND CONNECTED CASES