M/S.Kay Vees Bakes `N’ Drinks vs Union Of India
2023 Latest Caselaw 7343 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                  THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                              WP(C) NO. 12900 OF 2023
PETITIONER:

                  M/S.KAY VEES BAKES `N' DRINKS, DOOR NO.12/1733,
                  KAYEES COMPLEX, NARANGAPURAM, TELLICHERRY REPRESENTED
                  BY ITS MANAGING PARTNER, SHABEEB V., AGED 30 YEARS,
                  S/O. KASIM VELLAVOOR, RESIDING AT VELLAVOOR MENAPROM,
                  MEKKUNNU P.O., PERINGATHUR S.O, KANNUR, KERALA-
                  670675, PIN - 670101
                  BY ADVS.
                  UMMUL FIDA
                  C.IJLAL
RESPONDENTS:

       1          UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
                  MINISTRY OF RAILWAYS, RAIL BHAVAN, 256-A, RAISINA
                  ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI,
                  PIN - 110001
       2          THE RAILWAY BOARD, INDIAN RAILWAY, 256-A, RAIL
                  BHAVAN, RAISINA ROAD, NEW DELHI -REPRESENTED BY ITS
                  CHAIRPERSON, PIN - 110001
       3          SOUTHERN RAILWAY, HEADQUARTERS OFFICE, COMMERCIAL
                  BRANCH, CHENNAI-, PIN - 600003
       4          THE SENIOR DIVISIONAL COMMERCIAL, MANAGER, SOUTHERN
                  RAILWAY, PALAKKAD DIVISION, PALAKKAD-, PIN - 678002
       5          KERALA GRAMIN BANK, THALASSERY, KANNUR-, REPRESENTED
                  ITS BRANCH MANAGER, PIN - 670101
                  BY ADVS.Gopikrishnan Nambiar M
                  K.JOHN MATHAI(K/413/1984)
                  JOSON MANAVALAN(J-526)
                  KURYAN THOMAS(K/131/2003)
                  PAULOSE C. ABRAHAM(MAH/58/2006)
                  RAJA KANNAN(K/356/2008)
OTHER PRESENT:

                  SRI.MANU.S, DSGI
THIS       WRIT    PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).12900/2023                             2




                        P. V. KUNHIKRISHNAN, J.
                     -------------------------------------------
                         W.P(C).No.12900 of 2023
                     -------------------------------------------
                    Dated this the 27th day of June, 2023


                                  JUDGMENT

This writ petition is filed with the following prayers:

i) issue a writ of mandamus or any other appropriate writ, order or direction directing the 4 th respondent to return the security deposit made by the petitioner within a stipulated time period;

ii) issue a writ of mandamus or any other appropriate writ, order direction directing the 4 th respondent to take necessary action on Ext.P11 request within a stipulated time period;

iii) issue a writ of certiorari or any other appropriate writ, and declare that the action of the 4 th respondent in raising the claim based on the bank guarantee after the termination of contract as illegal and liable to be set aside;

2. The main prayer in this writ petition is to issue direction to

the 4th respondent to return the security deposits made by the petitioner.

Petitioner has already submitted Ext.P9 before the 4 th respondent. The

same is not considered is the submission.

3. Heard the learned Deputy Solicitor General of India and the

learned Standing Counsel for the 5th respondent.

4. After hearing both sides, I think that this writ petition can be

disposed of directing the 4th respondent to consider Ext.P11 and disburse

the eligible amount to the petitioner forthwith.

Therefore, this writ petition is disposed of with the following

directions:

i) The 4th respondent is directed to consider and pass appropriate orders in Ext.P11, as expeditiously as possible, at any rate within a period of 3 weeks from the date of receipt of a copy of this judgment.

ii) Based on the above order, the eligible amount, if any, due to the petitioner shall be disbursed forthwith.

iii) The petitioner will produce a stamped certified copy of this judgment along with the writ petition before the 4th respondent for compliance.

iv) Till the disposal of the representation as directed above, the 5th respondent shall not disburse the amount to the 4th respondent.

Sd/-

P. V. KUNHIKRISHNAN JUDGE

Sbna/

APPENDIX OF WP(C) 12900/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER OF AWARD DATED 16/6/2016 ISSUED BY THE 4TH RESPONDENT Exhibit P2 A TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND THE 5TH RESPONDENT DATED 25/7/2016 Exhibit P3 A TRUE COPY OF THE BANK GUARANTEE DATED 25/7/2016 Exhibit P4 A TRUE COPY OF THE LETTER COMMUNICATION BY THE PETITIONER TO THE 4TH RESPONDENT DATED 25/7/2016 Exhibit P5 A TRUE COPY OF THE LETTER DATED 20/3/2017 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P6 A TRUE COPY OF THE LETTER DATED 7/4/2017 COMMUNICATED BY THE PETITIONER TO THE 4TH RESPONDENT Exhibit P7 A TRUE COPY OF THE COMMUNICATION DATED 10/8/2017 FROM THE PETITIONER TO THE 4TH RESPONDENT Exhibit P8 A TRUE COPY OF THE RELEVANT PAGES OF THE CONTRACT Exhibit P9 A TRUE COPY OF THE COMMUNICATION DATED 19/2/2020 ISSUED BY THE 2ND RESPONDENT Exhibit P10 A TRUE COPY OF THE LETTER DATED 22/7/2020 ISSUED BY THE 3RD RESPONDENT Exhibit P11 TRUE COPY OF THE LETTER DATED 04/10/2021 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT Exhibit P12 A TRUE COPY OF THE REQUEST DATED 17/03/2023 MADE BY THE PETITIONER BEFORE THE 5TH RESPONDENT