IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 WP(C).No. 6055 of 2007(U) ------------------------- PETITIONER(S): --------------- 1. M/S.GOYAL MG GASES PVT.LTD., 53, FRIENDS COLONY (EAST),NEW DELHI- 110 065, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SHRI.V.P.GUPTA, COMPANY SECRETARY. 2. M/S.KOLLAM GASES PVT. LTD., 53, FRIENDS COLONY (EAST), NEW DELHI- 110 065, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SHRI.V.P.GUPTA. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): --------------- 1. M/S KERALA MINERALS & METALS LTD., SANKARAMANGALAM, CHAVARA- 691 583 KOLLAM DISTRICT- REPRESENTED BY ITS MANAGING DIRECTOR. 2. STATE BANK OF INDIA, 11TH FLOOR, JAWAHAR VYAPAR BHAWAN, TOLSTOY MARG, NEW DELHI- 110 001, REPRESENTED BY ITS CHIEF MANAGER. ADV. M/S.B.S.KRISHNAN ASSOCIATES, SC. KMML FOR R1 SRI.K.ANAND (A.201) FOR R1 SMT.LATHA KRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 6055/07. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE AGREEMENT. P2. COPY OF THE LETTER OF AWARD. P3. COPY OF THE BANK GUARANTEE 12.4.06. P4. COPY OF THE BANK GUARANTEE DTED.30.6.06. P5. COPY OF THE LETTER BY R1 DTD.3.4.06. P6. COPY OF THE LETTER DTD.17.7.06 BY P2 TO R1. P7. COPY OF THE LETTER DTD.25.8.06 BY P2 TO R1. P8. COPY OF THE LETTER DTD.22.11.06 BY P2 TO R1. P9. COPY OF THE LETTER DTD.15.12.06 BY P2 TO R1. P10. COPY OF THE LETTER DTD.27.12.06 BY P2 TO R1. P11. COPY OF THE LETTER DTD.1.1.07 BY P2 TO R1. P12. COPY OF THE LETTER DTD.13.1.07 BY P2 TO R1. P13. COPY OF THE STATEMENT OF AMOUNTS INCURRED, DTD.17.7.07. P14. COPY OF THE DECISION TAKEN BY R1 DTD.3.8.07. P15. COPY OF THE LETTER DTD.27.3.08 BY R1. P16. COPY OF THE NOTIFICATION DTD.16.4.2010. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 6055 of 2007 ================== Dated this the 17th day of June, 2010 J U D G M E N T This writ petition is filed by the petitioners challenging termination of a contract entered into between the petitioners and the 1st respondent. In accordance with the terms of the agreement executed between the parties, arbitration proceedings are going on. It is submitted before me that the matter is posted for final hearing before the Arbitration Tribunal. The petitioners are now aggrieved by the notification inviting tenders issued on 16.4.2010, which, according to the petitioners, is for the very same contract in a modified form. The counsel the first respondent disputes the same. Whatever that be, insofar as the matter is pending arbitration, which is likely to be concluded soon, I direct that further proceedings pursuant to the notification inviting tenders dated 16.4.2010 shall not be finalised until the arbitration proceedings are concluded. With the above direction, this writ petition is disposed of. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2