Kerala High Court
Paulose George Construction Company ... vs The Managing Director on 20 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 25813 OF 2014
PETITIONER:
PAULOSE GEORGE CONSTRUCTION COMPANY PVT. LTD
ENGINEERS & CONTRACTORS,
HAVING ITS REGISTERED OFFICE AT AISWARYA TOWERS,
PUTHENCRUZ ROAD, KARIMUGAL P.O.,
KOCHI - 682 303
AND PROJECT OFFICE AT AISWARYA TOWERS,
HOC JUNCTION, AMBALAMUGAL P.O.,
KOCHI - 682 302,
REPRESENTED BY ITS MANAGING DIRECTOR,
MR.T.V.PAULSON, S/O. T.P.VARGESE.
BY ADVS.
SRI.V.V.SURENDRAN
SRI.P.A.HARISH
RESPONDENTS:
1 COCHIN INTERNATIONAL AIRPORT LIMITED
KOCHI AIRPORT P.O.,
ERNAKULAM - 683 111.
2 THE CHIEF FINANCIAL OFFICER
COCHIN INTERNATIONAL AIRPORT LIMITED,
KOCHI AIRPORT P.O.,
ERNAKULAM - 683 111.
BY ADVS.
SRI.P.BENNY THOMAS - SC
SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI. V. V. SURENDRAN
SRI. P. A. HARISH
THIS WRIT PETITION (CIVIL) HAVING FINALLY BEEN HEARD ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.25813 OF 2014
2
JUDGMENT
1. The petitioner has filed this writ petition seeking direction
restraining the respondents from encashing Exts.P5, P6
and P7 Bank guarantees submitted by the petitioner.
2. When the matter was taken for hearing the learned
standing counsel for the 1st respondent submitted that they
do not have any privity of contract with the petitioner and
the Bank guarantee submitted by the petitioner was for and
on behalf of the original contractor- Vishal Infrastructure
Pvt. Ltd., who is not a party in this writ petition and as such
the respondents have no intention to invoke the Bank
guarantees provided by the petitioner. In view of the said
submission, this writ petition is disposed of recording the
same and leaving open all contentions of the parties.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
sms
WP(C) NO.25813 OF 2014
APPENDIX OF WP(C) 25813/2014
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF SUB CONTRACT 19.12.12
EXECUTED BETWEEN M/S. VISHAL
INFRASTRUCTURE LTD. AND THE PETITIONER
PAULOSE GEORGE CONSTRUCTION COMPANY
PVT. LTD.
EXHIBIT P2 TRUE COPY OF IRREVOCABLE POWER OF
ATTORNEY NO. POA/VISHAL/245/2012
EXECUTED BY M/S. VISHAL INFRA
STRUCTURE LTD. IN FAVOUR OF
PETITIONER.
EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OF GENERAL
AND SPECIAL CONDITIONS OFTHE CONTRACT
CLAUSE 20, DEEDS OFT HE MOBILIZATION
ADVANCE.
EXHIBIT P4 THE TRUE COPY OF THE RELEVANT PAGE
AND 54(I) OF THE TENDER DOCUMENT IN
RESPECT OF WIDENING OF EXISTING
APPROACH ROAD FROM ATHANI JUNCTION TO
AIRPORT.
EXHIBIT P5 THE TRUE COPY OF THE BANK GUARANTEE
NO. BG 28/13-14 FOR RS. 13,00,000/- BY
STATE BANK OF INDIA, AMBALAMEDU BRANCH
IN FAVOUR OF CIAL.
EXHIBIT P6 THE TRUE COPY OFTHE BAK GUARANTEE NO.
BG 29/13-14 FOR RS. 20,00,000/- BY
STATE BANK OF INDIA, AMBALAMEDU BRANCH
IN FAVOUR OF CIAL.
EXHIBIT P7 THE TRUE COPY OFTHE BANK GUAANTEE NO.
BG 30/13-14 FOR RS. 20,00,000/- BY
STATE BANK OF INDIA, AMBALAMEDU BRANCH
IN FAVOUR OF CIAL.
EXHIBIT P8 TRUE COPY OF LETTER NO. CIAL/FIN/2014-
15/BG DT. 29.9.14 ISSUED BY THE 2ND
RESPONDENT TO PETITIONER.
EXHIBIT P9 TRUE COPY OFTHE REPLY LETTER NO.
PGCC/CIAL/560/2014 DT. 06.10.14 BY THE
PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P10 THE TRUE COPIES OF DETAILS OF MAJOR
COMPLETE WORKS BY THE PETITIONER
DURING LAST 7 YEARS.
WP(C) NO.25813 OF 2014
EXHIBIT P10(a) THE TRUE COPIES OF DETAILS OF PRESENT
COMMITMENTS OFTHE PETITIONER AS ON
06.10.14.
EXHIBIT P11 TRUE COPY OF THE LETTER DT. 05.11.13
ISSUED BY THE RESPONDENT TO THE
PETITIONER.
EXHIBIT P11(a) TRUE COPY OFTHE LETTER DT. 07.2.14
ISSUED BY THE RESPONDENT TO THE
PETITIONER.
EXHIBIT P11(b) TRUE COPY OF THE LETTER DT. 04.8.14
ISSUED BYTHE RESPONDENT TO THE
PETITIONER.
EXHIBIT P12 TRUE COPY OF THE EXTENDED BANK
GHUARANTEE NO. BG 29/13-14 BY STATE
BANK OF INDIA, AMBALAMUGAL BRANCH WITH
COVERING LETTER NO. PGC/CIAL/621/2013
DT. 29.11.13 BY THE PETITIONER TO THE
RESPONDENT.
EXHIBIT P12(b) TRUE COPY OF THE EXTENDED BANK
GUARANTEE NO. BG 30/13-14 BY STATE
BANK OF INDIA, AMBALAMUGAL BRANCGH
WITH COVERIN LETTER NO.
PGCC/CIAL/104/2014 DT. 20.2.14 BY THE
PETITIONER TO THE RESPONDENT.
EXHIBIT P13 TRUE COPY OF LETTER NO.
PGC/CIAL/049/2014 DT. 23.1.14 BY THE
PETITIONER TO THE RESPONDENT.
EXHIBIT P14 TRUE COPY OF PAYMENT DETAILS OF 1ST RA
BILL.
EXHIBIT P15 TRUE COPY OF PAYMENT DETAIL OF 2ND RA
BILL.
EXHIBIT P16 TRUE COPY OF STATEMENT SHOWING
DEDUCTIONS MADE BY THE RESPONDENT.
RESPONDENTS EXHIBITS
Exhibit R1(a): TRUE COPY OF THE WORK ORDER DATED
04.08.2012, ISSUED BY THE 1ST
RESPONDENT TO VISHAL INFRASTRUCTURE
LTD.
Exhibit R1(b): TRUE COPY OF THE LETTER DATED
15.12.2012, FROM VISHAL TO CIAL.
Exhibit R1(c): TRUE COPY OF THE LETTER DATED
27.12.2012,FROM VISHAL TO CIAL.
Exhibit R1(d): TRUE COPY OF THE LETTER DATED
22.03.2013 FROM CIAL TO VISHAL.
WP(C) NO.25813 OF 2014
Exhibit R1(e): TRUE COPY OF THE LETTER DATED
06.05.2013 FROM VISHAL TO CIAL TO
RELEASE THE 2ND INSTALLMENT OF
MOBILIZATION ADVANCE.
Exhibit R1(f): TRUE COPY OF THE LETTER DATED
16.05.2013 FROM THE PETITIONER TO CIAL
(WITHOUT ENCLOSURES).
Exhibit R1(g): TRUE COPY OF LETTER DATED 25.11.2013
FROM VISHAL TO CIAL.
Exhibit R1(h): TRUE COPY OF THE LETTER DATED
28.11.2013 FROM CIAL TO VISHAL.
Exhibit R1(i): TRUE COPY OF THE LETTER DATED
29.11.2013 FROM VISHAL TO CIAL.
Exhibit R1(j): TRUE COPY OF THE SHOW CAUSE NOTICE
DATED 06.01.2014 ISSUE TO VISHAL BY
CIAL.
Exhibit R1(k): TRUE COPY OF THE SHOW CAUSE NOTICE
DATED 08.01.2014 ISSUED BY VISHAL TO
THE PETITIONER.
Exhibit R1(l): TRUE COPY OF THE LETTER DATED
21.01.2014 FROM VISHAL TO THE
PETITIONER.
Exhibit R1(m): TRUE COPY OF THE LETTER DATED
21.01.2014 FROM VISHAL TO CIAL.
Exhibit R1(n): TRUE COPY OF THE LETTER DATED
27.01.2014 FROM VISHAL TO CIAL.
Exhibit R1(o): TRUE COPY OF THE DATED 21.12.2013 FROM
VISHAL TO CIAL (WITH COPY TO THE
PETITIONER).
