IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 16521 of 2007(P) ---------------------------------------- PETITIONER(S): ------------------------- M/S.KERALA PROJECT ENGINEERING CORPORATION LTD., 305, PIONEER TOWER, MARINE DRIVE, SHANMUGHAM ROAD, COCHIN-682 035 REPRESENTED BY CHIEF EXECUTIVE OFFICER SHRI.K.T.A.CLEMENT. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE BY ADV. SRI.S.SUJIN RESPONDENT(S): --------------- 1. M/S. INDIAN RARE EARTHS LTD., CHAVARA, KOLLAM DISTRICT- REPRESENTED BY ITS EXECUTIVE DIRECTOR. 2. THE CHIEF GENERAL MANAGER, M/S.INDIAN RARE EARTHS LTD.,. CHAVARA, KOLLAM DISTRICT. BY SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE BY ADV. SRI.E.K.NANDAKUMAR, SC SRI.A.K.JAYASANKAR NAMBIAR SRI.ANIL D. NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.16521/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ACCEPTANCE LETTER ISSUED BY THE 1ST RESPONDENT DATED 28/12/2004 AND PETITIONERS LETTER DATED 12/02/2005. P2 COPY OF THE LETTER DATED 9/7/2005 SENT BY PETITIONER TO THE 1ST RESPONDENT. P3 COPY OF THE LETTER DATED 22/8/2005 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. P4 COPY OF THE LETTER DATED 3/9/2005 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. P5 COPY OF THE REPRESENTATION DATED 4/10/2005 SENT BY THE PETITIONER TO THE RESPONDENT COMPANY. P6 COPY OF THE LETTER DATED 20/2/2007 SENT BY THE PETITIONER TO THE RESPONDENT COMPANY. P7 COPY OF THE LETTER DATED 26/05/2007 SENT BY THE RESPONDETN TO THE PETITIONER. P8 COPY OF THE LETTER DATED 9/3/2007 SENT BY THE PETITIONER TO THE RESPONDENT COMPANY. P9 COPY OF THE LETTER DATED 13/3/2007 SENT BY THE PETITIONER TO THE RESPONDENT COMPANY. P10 COPY OF THE BANK GUARANTEE FURNISHED BY THE PETITIONER IN FAVOUR OF THE RESPONDENT ON 17/3/2007. P11 COPY OF THE LETTER DATED 01/06/2007 ISSUED BY THE BANK TO THE PETITIONER. P12 COPY OF THE MINUTES OF THE MEETING. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE FAX MESSAGE DATED 06/10/2005 ADDRESSED TO THE PETITIONER. R1(B) COPY OF THE LETTER DATED 22/11/2005 FROM THE PETITIONER TO THE RESPONDENT. R1(C) COPY OF THE LETTER DATED 01/03/2007 FROM THE RESPONDENT TO THE PETITIONER. R1(D) COPY OF THE LETTER DATED 09/03/2007 FROM THE PETITIONER TO THE RESPONDENT. 3/- -3- WP(C)NO.16521/2007 R1(E) COPY OF THE LETTER DATED 16/03/2007 FROM THE PETITIONER TO THE UNION BANK OF INDIA. R1(F) COPY OF THE LETTER DATED 30/05/2007FROM THE PETITIONER TO THE UNION BANK OF INDIA. R1(G) COPY OF THE WORK ORDER NO.CH/PUR-N/3000/VOL.I/W.O.140/2004-05 DATED 28/12/2004. R1(H) COPY OF THE WORK ORDER NO.CH/PUR-N/3000/VOL.I/W.O.141/2004-05 DATED 28/12/2004. R1(I) COPY OF THE GENERAL CONDITIONS OF CONTRACT, THE SPECIAL CONDITIONS OF CONTRACT AND THE TECHNICALSPECIFICATIONS OF THE CONTRACT. R1(J) COPY OF THE AGREEMENT DATED 23/03/2005. /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.16521 OF 2007 ---------------------------------------------- Dated this the 17th day of June, 2011 JUDGMENT The learned counsel for the petitioner submits that the writ petition has become infructuous. Accordingly, the writ petition is dismissed as infructuous. The amount kept in a separate account by invoking the bank guarantee as directed by order dated 5.6.2007 can be appropriated by the respondents in accordance with law. S. SIRI JAGAN, JUDGE acd