IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 9960 of 2008(I) ------------------------- PETITIONER: ------------ M/S.SEA BLUE MARINE ENGINEERING INDIA(P) LTD., 1/212, V.P.ROAD, AZHEEKKAL P.O. VYPEEN, COCHIN-682 510 - REPRESENTED BY ITS MANAGING DIRECTOR SHRI. O.C.JOHN BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ------------- 1. KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., 38/924-A, UDAYA NAGAR ROAD GANDHI NAGAR, KOCHI-682 020 - REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE COMMERCIAL OFFICER KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., 38/924-A, UDAYA NAGAR ROAD GANDHI NAGAR, KOCHI-682 020 3. STATE OF KERALA - REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. BY ADV. SRI.V.J.MATHEW,SC,KSINC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 9960 of 2008 ------------------------------------- Dated: MARCH 25, 2008 JUDGMENT The petitioner had submitted a tender in response to Ext.P1 tender notice. The offer made was revised thereafter by submitting Ext.P3. Thereupon he was issued Ext.P5 informing that Exts.P2 and P3 cannot be entertained and he was also informed that consequential action will be taken. 2. Today, when the matter came up for orders, the only anxiety that the counsel for the petitioner expressed was regarding the threat of forfeiture of EMD as per Ext.P5 and the “consequential action” mentioned therein. 3. The standing counsel appearing for the respondents submits that as on now the work in pursuance to Ext.P1 has already been awarded and the respondents do not propose to take any coercive action against the petitioner. It is also stated that the EMD that was deposited by the petitioner along with Ext.P2 will also be returned. WP(C) 9960/08 Page numbers In view of the above writ petition is disposed of recording the submission of the respondents and clarifying that the EMD deposited by the petitioner will be refunded to the petitioner expeditiously. ANTONY DOMINIC, JUDGE mt/-