TOMCO ENGINEERING PVT. LTD.,PALANNATTIL Vs. KERALA WATER AUTHORITY
LAWS(KER)-2017-12-272
HIGH COURT OF KERALA
Decided on December 26,2017

Tomco Engineering Pvt. Ltd.,Palannattil Appellant
VERSUS
KERALA WATER AUTHORITY Respondents

JUDGEMENT

SHAJI P.CHALY,J - (1.) This writ petition is materially connected in respect to the work awarded by the KWA to the petitioner and consequential direction to provide performance guarantee also by a fixed deposit with the treasury for 50% of the guarantee sought for. According to the petitioner, the issue with respect to providing guarantee by extending 50% fixed deposit was considered by this Court in Joseph Velupuzhakkal Vs. State of Kerala [2017 (4) KLT 400] and held that the guarantee can be extended for the entire amount by providing bank guarantee and there is no rime or reason for insisting for a fixed deposit in the treasury. Therefore, petitioner seeks appropriate direction.
(2.) I have heard learned Counsel for the petitioner and the learned Standing Counsel for the KWA. Perused the pleadings and documents on record.
(3.) Learned Counsel for the petitioner reiterated the contentions raised in the writ petition. However, learned Standing Counsel pointed out that the subject issue with respect to providing 50% fixed deposit in treasury was taken in appeal by the Government and is pending consideration before a Division Bench of this Court.;


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