IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 WP(C).No. 29454 of 2008(F) -------------------------- PETITIONER: ------------------ RANJITH MADHAVAN, AGED 47, S/O.MADHAVAN, PROPRIETOR,M/S.NAV BHARATH ENTERPRISES, 9-D AJITH NAGAR, CO.OP.HOUSING SOCIETY, J.B.NAGAR, ANDHERI EAST,MUMBAI-400 059. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ---------------------- 1. AIRPORT DIRECTOR AIRPORT AUTHORITY OF INDIA, CALICUT INTERNATIONAL AIRPORT, CALICUT. 2. REGIONAL EXECUTIVE DIRECTOR, AIRPORTS AUTHORITY OF INDIA, SOUTHERN REGION, CHENNAI. 3. AIRPORTS AUTHORITY OF INDIA, RAJIV GANDHI BHAVAN, SAFDARJUNG, AIRPORT,, NEW DELHI. 4. THE ARBITRATOR, DINESH KUMAR, CHENNAI AIRPORT, CHENNAI. 5. FEDERAL BANK LTD.REP. BY ITS BRANCH MANAGER, NEHRU ROAD, VILA PARLOUR, EAST BOMBAY. BY SRI. N.N.SUGUNAPALAN, SC-AIRPORT AUTHORITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.29454 of 2008 -------------------------- Dated this the 7th October, 2008 J U D G M E N T Dispute between the petitioner and Airport Authority was referred to the Sole Arbitrator in terms of Exhibit P1. That resulted in Exhibit P22 award. Petitioner is aggrieved by a portion of the Award. If so, it is open to the petitioner to take steps in that regard. Petitioner apprehends that in the wake of Exhibit P22 award steps will be taken by the Airport Authorities to encash the bank guarantee referred to in clause 4 of Exhibit P1 agreement. Learned counsel for the respondents submits that they are yet to receive the original of Exhibit P22 award and they will not take any steps to encash the bank guarantee until they receive the amount. 2. Be that as it may, in the facts and circumstances of the case, I think it is appropriate that petitioner be granted some breathing time to take steps in relation to Exhibit P22 award. W.P ( C) No.29454 of 2008 2 Accordingly, the writ petition is disposed of directing respondents 1 to 3 to keep in abeyance any steps to encash the bank guarantee furnished at the instance of the petitioner and referred to in clause 4 of Exhibit P1 for a period of four weeks from today. I make it clear that the direction need not be treated as an expression of opinion by this Court on the merits of the contention raised by the petitioner. It is intended only to afford some breathing time to the petitioner to take appropriate steps in relation to Exhibit P22 award. (V.GIRI,JUDGE) ma W.P ( C) No.29454 of 2008 3 W.P ( C) No.29454 of 2008 4