Petitioner challenged non-payment of final bill and non-return of bank guarantee/security deposit for a railway construction project. Respondents undertook release of guaranty within a week and settlement of bill/security within four months.
Return of bank guarantee within one week; settlement of final bill and refund of security deposit within four months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN
MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931
WP(C).No. 29481 of 2009(E) --------------------------
PETITIONER(S):
K.K.BUILDERS, A REGISTERED PARTNERSHIP FIRM, REPRESENTED BY ITS MANAGING PARTNER K.K.MOHANDAS, S/O.K.K.KUNHIRAMAN, AGED 53 YEARS, BUSINESS, HAVING ITS REGISTERED OFFICE AT PERAVOOR, MANATHANA AMSOM, PERAVOOR DESOM, PERAVOOR P.O., THALASSERY TALUK.
BY ADV. SRI.SHAJI P.CHALY
RESPONDENT(S):
BY SRI. T.P.M.IBRAHIM KHAN, ASST. SOLICITOR GENERAL FOR R1 SRI.S.K.MURALEEDHARAN KAIMAL, SC,RAILWAY FOR R2,3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.N.RAVINDRAN, J.
W.P.(C) No. 29481 OF 2009 -------------------------Dated this the 9th day of November, 2009
J U D G M E N T
The petitioner entered into an agreement with the respondents
for the construction of railway track between Karakkad and Pallipuram. On account of certain technical reasons, the work was closed by mutual consent on 15.10.2008 for the reason that the Commissioner of Railway Safety did not issue the requisite sanction. The petitioner thereafter submitted his final bill on 3.1.2009. The grievance voiced by the petitioner is that though more than nine months have passed thereafter, the final bill has not been settled, the bank guarantee furnished by him has not been returned and the security refunded. In this writ petition, the petitioner seeks expeditious payment for the work done, return of the bank guarantee and refund of the security deposit.
W.P.(C) No. 29481/09
2
along with payment of the final bill, the security deposit will also be refunded.
In the light of the stand taken by respondents 2 and 3 in the statement filed on 5.11.2009, I dispose of this writ petition with the following directions:
(i) The competent authority among the respondents shall within
one week from today return to the petitioner the bank guarantee referred to in the statement filed by respondents 2 and 3 on 5.11.2009 under proper acknowledgment.
(ii) Respondents 2 and 3 shall also take steps to settle the final bill and to release the security deposit expeditiously and in any event within four months from the date on which the petitioner produces a certified copy of this judgment before the Executive Engineer, Control Wing, Calicut who shall take requisite steps to ensure that the directions issued herein are complied with.
P.N.RAVINDRAN, JUDGE
vps
1 issue framed by the court
Whether the petitioner is entitled to the return of bank guarantee and refund of security deposit pending final bill settlement under this writ petition.
K.K. Builders
Union of India
The Chief Engineer, Office of Chief Administrative Officer Construction, Southern Railway, Chennai
The Chief Administrative Officer, Construction, Southern Railway, Chennai
P.N. Ravindran
As recorded by the court registry
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