IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 19040 of 2005(N) -------------------------- PETITIONER(S): --------------- M/S. PRIME HABITATS (PVT.) LTD., V.K. COMLPLEX, FORT ROAD, KANNUR-1, REPRESENTED BY ITS DIRECTOR SRI. RAVI GUPTA. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S): --------------- 1. UNION OF INDIA, REP. BY CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY, CHENNAI. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION) SOUTHERN RAILWAY EGMORE, CHENNAI-8. 3. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION), SOUTHER RAILWAY, CALICUT. ADV. SRI.ALEXANDER THOMAS, SC,RAILWAYS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE AGREEMENT NO. 18/CN/2003 DATED 21.1.2003 EXECUTED BETWEEN THE PETITIONER AND THE RAILWAYS. EXT.P2 TRUE COPY OF THE LETTER DATED 14.9.2004 INTIMATING THE COMPLETION OF WORK. EXT.P3 TRUE COPY OF THE NOTICE DATED 10.2.2005 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT DEMANDING EXTENSION OF GUARANTEE BOND BEYOND 13.3.2005 EXT.P4 TRUE COPY OF THE LETTER DATED 2.3.2005 SENT BY THE PETITIONER. EXT.P5 TRUE COPY OF THE LETTER DATED 9.3.2005 SENT BY THE PETITIONER. EXT.P6 TRUE COPY OF THE LETTER DATED 12.3.2005 DO.DO. EXT.P7 TRUE COPY OF THE NOTICE DATED 25.5.2005 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT DEMANDING EXTENSION OF GUARANTEE BOND BEYOND 12.6.2005 EXT.P8 TRUE COPY OF LETTER DATED 4.6.2005 SENT BY THE PETITIONER TO EXT.P7 NOTICE. RESPONDENTS' EXHIBITS: EXT.R3(a) TRUE COPY OF THE STATEMENT DETAILING THE VARIOUS STEPS INVOLVED IN FINALISATION OF THE AGREEMENT ;THE RELEASING OF THE FINAL BILL AND SECURITY DEPOSIT, ETC. EXT.R3(b) TRUE COPY OF THE BANK GUARANTEE. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 19040 OF 2005 -------------------------------------------- Dated this the 9th day of July, 2009 JUDGMENT W.P.C. is filed for direction to Railways to return bank guarantee furnished by the petitioner for the execution of contract. W.P.C. was filed in the year 2005 and the bank guarantee itself was valid upto 12.6.2005. Subsequent developments are not reported to this Court. In any case at this distance of time, there is no necessity to consider petitioner's entitlement for return of bank guarantee as work would have been over by now. W.P. is closed with the above observation. (C.N. RAMACHANDRAN NAIR) Judge kk 2