Kshema Power And Infrastructure ... vs Union Of India
2023 Latest Caselaw 293 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
           THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 10TH DAY OF JANUARY 2023 / 20TH POUSHA, 1944
                WP(C) NO. 24925 OF 2021
PETITIONER/S:

         KSHEMA POWER AND INFRASTRUCTURE COMPANY (P) LTD
         REGISTERED OFFICE AT XXVII/532, T-2, TRINITY
         CASTLE, EDAPALLY, COCOHIN 682 024, KERALA,
         REP.BY AUTHORIZED SIGNATORY, C.C.VISWANATHAN
         NAIR, S/O.CHANDRA SEKHARAN NAIR, CHANDRA VILAS,
         KODANAD, ERNAKULAM 683 544
         BY ADVS.
         PRAVEEN K. JOY
         T.A.JOY
         E.S.SANEEJ
         M.P.UNNIKRISHNAN
         M.K.SAMYUKTHA
         N.ABHILASH
         SANDRA S.KUMAR
         DEEPU RAJAGOPAL
         ANILKUMAR P.
         GEORGE POONTHOTTAM (SR.)

RESPONDENT/S:

    1    UNION OF INDIA
         REP.BY SECRETARY, MINISTRY OF BANKING AND
         FINANCE, PARLIAMENT HOUSE, NEW DELHI 110 001
    2    RESERVE BANK OF INDIA
         BAKERY JUNCTION ROAD, NANDAVANAM, PALAYAM,
         TRIVANDRUM 695 033, REP.BY GENERAL MANAGER
    3    GRIEVANCE REDRESSAL COMMITTEE
         STATE BANK OF INDIA, LOCAL HEAD OFFICE,
         POOJAPURA, TRIVANDRUM 695 012
    4    THE GENERAL MANAGER
         STATE BANK OF INDIA, LOCAL HEAD OFFICE,
         POOJAPURA, TRIVANDRUM 695 012
    5    THE CHIEF MANAGER
         STATE BANK OF INDIA, SMALL SCALE FINANCE,
         KALAMASERY BRANCH, PATHADIPALAM, ERNAKULAM 682
         024
    6    THE MANAGER
         STATE BANK OF INDIA, SMALL SCALE FINANCE,
         SUKHLIYA BRANCH, INDORE, MADHYAPRADHESH 452 003
 W.P.(C) No.24925 of 2021

                                    -2-


     7       THE PROJECT DIRECTOR
             MADHYA PRADESH PASCHIM KSHETHRA VIDYTH VITARAN
             COMPANY LTD., G.P.H COMPOUND, POLOGROUND,
             INDORE, MADHYAPRADESH 452 003
             BY ADVS.
             R.MURALEEKRISHNAN (MALAKKARA), CGC
             S.EASWARAN
             RAJU JOSEPH (SR.)
             C.JOSEPH ANTONY


         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   10.01.2023,    THE    COURT   ON     THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.24925 of 2021

                                  -3-



                            JUDGMENT

Dated this the 10th day of January, 2023

Learned Counsel for the petitioner submits

that the bank guarantee was invoked after

modification of the interim order. If so,

nothing survives for consideration in this writ

petition. The writ petition is accordingly

closed, without prejudice to the petitioner's

right to agitate its grievance before the

appropriate forum.

Sd/-

V.G.ARUN JUDGE Scl/ W.P.(C) No.24925 of 2021

APPENDIX OF WP(C) 24925/2021

PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE JUDGMENT IN WP(C)NO.22760/2019 OF THIS HON'BLE COURT DATED 26.04.2021.

Exhibit P2 THE TRUE COPY OF THE INTERIM ORDER DATED 02.08.2021 IN WP(C) 15426/2021 OF THIS HON'BLE COURT.

Exhibit P3 THE TRUE COPY OF THE INTERIM ORDER DATED 29.10.2021 IN WP(C) 15426/2021 OF THIS HON'BLE COURT Exhibit P4 THE TRUE COPY OF THE LETTER DATED 29.09.2021 ISSUED BY 5TH RESPONDENT TO THE 7TH RESPONDENT.

Exhibit P5 THE TRUE COPY OF THE LETTER DATED 18.10.2021 ISSUED TO THE 7TH RESPONDENT.

Exhibit P6 THE TRUE PHOTOCOPY OF THE LETTER ISSUED TO THE 5TH RESPONDENT BANK DATED 09.11.2021 IN RESPECT OF THE BANK GUARANTEE OF THE PETITIONER Exhibit P7 THE TRUE COPY OF THE PETITION DATED 10.11.2021 BEFORE THE 3RD AND 4TH RESPONDENT.