Kerala High Court
M/S Nath Infrastructures vs Kerala Road Fund Board on 12 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
OP(C) NO. 1197 OF 2023
IN I.A.NO. 2 OF 2023 IN OS No. 252/2023 OF ADDITIONAL MUNSIFF
COURT ,KOZHIKODE-I
PETITIONERS/PLAINTIFFS 1 & 5:
1 M/S NATH INFRASTRUCTURES
28/309 A1, THONDAYAD, KOTTOOLY ROAD, CHEVARAMBALAM P.O,
KOZHIKODE DISTRICT. REPRESENTED BY ITS MANAGING
PARTNER, MR. V RAJEENDRANATH
2 MR. V. RAJEENDRANATH
AGED 66 YEARS
S/O SADASIVAN, "NATH", THONDAYAD-KOTTOOLI ROAD,
CHEVARAMBALAM P.O KOZHIKODE DISTRICT., PIN - 673017
3 MRS. V. SHEEJA
AGED 59 YEARS
W/O RAJEENDRANATH, VARIAMKANDY HOUSE, THIRUVANNUR,
KOZHIKODE DISTRICT., PIN - 673029
4 MR. K. PRAMOD
AGED 61 YEARS
S/O K. RAVINDRAN, KANOLI HOUSE, KSEB SUB STATION ROAD,
CHEVAYUR, KOZHIKODE DISTRICT., PIN - 673017
5 MR. VARYAMKANDY RANJUNATH
AGED 33 YEARS
S/O V. RAJEENDRANATH, "NATH",
THONDAYAD-KOTTOOLI ROAD,
CHEVARAMBALAM P.O,
KOZHIKODE DISTRICT., PIN - 673017
BY ADVS.
ADITHYA RAJEEV
T.R.HARIKUMAR
OP(C) NO. 1197 OF 2023 2
RESPONDENT/DEFENDANT:
KERALA ROAD FUND BOARD
GROUND FLOOR, BSNL OFFICE BUILDING, CGM(O) DOOR
SANCHAR BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM
DISTRICT. REPRESENTED BY ITS PROJECT
DIRECTOR/AUTHORIZED OFFICER
BY ADV K.V.MANOJ KUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 1197 OF 2023 3
JUDGMENT
The petitioners who are the plaintiffs in the
suit came up seeking extension of time with respect
to a bank guarantee. Earlier this Court in exercise
of writ jurisdiction has granted two months time so
as to enable the petitioners to exhaust the regular
remedy available to them by way of civil suit.
Accordingly, they initiated civil suit with an
injunction application not to disburse the Bank
guarantee. The two months time granted in exercise
of writ jurisdiction would expire today and as such
the petitioners came up for extension of time. It
was objected by the Counsel for the respondent by
relying on the three Bench decision rendered by the
Apex Court in Ansal Enginerring Projects Ltd vs.
Tehri Hydro Development Corporations Ltd and Another
[(1996) 5 SCC 450] in which the legal position
settled in paragraph 5. In fact, nothing was brought
to the notice of this Court so as to bring up a
prima facie case of fraud or special equity. But it
is left open for consideration by the trial court
without making any observation on its merits. In the
said circumstances, the trial court shall expedite
the disposal of Ext.P3 application with notice to
both the parties on the next posting date i.e.
17.06.2023. With that direction, the present O.P(C)
is hereby disposed of. The bank guarantee shall not
be enforced till that time.
This. O.P(C) will stand disposed of accordingly.
Sd/-
P.SOMARAJAN
JUDGE
LEK
APPENDIX OF OP(C) 1197/2023
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE COMMON JUDGMENT DATED
12-04-2023 IN W.A NO. 740 OF 2023 AND W.A
NO. 750 OF 2023 OF THIS HON'BLE COURT
Exhibit-P2 A TRUE COPY OF THE PLAINT IN O.S
NO.252/2023 IN THE COURT OF THE
ADDITIONAL MUNSIFF COURT-I, KOZHIKODE
DATED 31-05-2023
Exhibit-P3 A TRUE COPY OF THE AFFIDAVIT AND PETITION
IN I.A NO. 2 OF 2023 IN O.S NO.252/2023
IN THE COURT OF THE ADDITIONAL MUNSIFF
COURT-I, KOZHIKODE DATED 31-05-2023
Exhibit-P4 A TRUE COPY OF THE COPY APPLICATION DATED
07-06-2023 FILED BY THE PETITIONER
SEEKING ISSUANCE OF CERTIFIED COPY OF THE
ORDER DATED 06-06-2023 IN I.A NO. 2 OF
2023 IN O.S NO.252/2023 IN THE COURT OF
THE ADDITIONAL MUNSIFF COURT-I, KOZHIKODE
Exhibit-P5 A TRUE COPY OF THE COPY APPLICATION DATED
07-06-2023 FILED BY THE PETITIONER
SEEKING ISSUANCE OF CARBON COPY OF THE
ORDER DATED 06-06-2023 IN I.A NO. 2 OF
2023 IN O.S NO.252/2023 IN THE COURT OF
THE ADDITIONAL MUNSIFF COURT-I, KOZHIKODE
