IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 30040 of 2006(A) -------------------------- PETITIONER: ------------ M/S. GENERAL ELECTRIC CORPORATION, MULANNUR POST, OTTAPALAM TALUK, REPRESENTED BY ITS PROPRIETOR, HARISANKAR. BY ADV. SRI.E.R.VENKATESWARAN SRI.R.SREEHARI RESPONDENTS: ------------- 1. KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD., KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE DEPUTY GENERAL MANAGER, KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD., KESTON ROAD, KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.JOBY CYRIAC, SC, KSIDC FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.30040/2006 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. PHOTO COPY OF AGREEMENT NO.KSIDC/IGC/KNR/A/02-03 DT. 13-11-2002 AND PROFORMA EXT.P2. PHOTO COPY OF ENGINE CERTIFICATE AND TEST CERTIFICATE IN RESPECT OF ENGINE NO.14320421094 EXT.P3. PHOTO COPY OF ENGINE CERTIFICATE AND TEST CERTIFICATE IN RESPECT OF ENGINE NO.12050620544 EXT.P4. PHOTO COPY OF ENGINE CERTIFICATE AND TEST CERTIFICATE IN RESPECT OF ENGINE NO.13251220536 EXT.P5. PHOTO COPY OF THE LETTER DT. 22-3-2005 SENT BY THE SECOND RESPONDENT. EXT.P6. PHOTO COPY OF THE LETTER DT. 1-9-2005 SENT BY THE PETITIONER. EXT.P7. PHOTO COPY OF THE LETTER DT. 13-12-2005 SENT BY THE PETITIONER EXT.P8. PHOTO COPY OF THE LETTER DT. 15-3-2006 SENT BY THE PETITIONER EXT.P9. PHOTO COPY OF THE LETTER DT. 15-12-2005 SENT BY THE 2ND RESPONDENT. EXT.P10. PHOTO COPY OF THE LETTER DATED 20-9-2006 SENT BY THE ASST. GL. MANAGER (IGC) EXT.P11. PHOTO COPY OF THE LETTER SENT BY THE PETITIONER DATED 6TH OCTOBER, 2006. EXT.P12. PHOTO COPY OF THE EXPERIENCE CERTIFICATE DT.21-12-2004 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R1(a) - TRUE COPY OF THE TENDER NO.KSIDC/IGC/KNR/03/2002-2003 EXT.R1(b) TRUE COPY OF THE CERTIFICATE ISSUED BY THE ELECTRICAL INSPECTORATE, KOZHIKODE DATED 20-6-2006 EXT.R1(c) TRUE COPY OF THE CERTIFICATE ISSUED BY THE ELECTRICAL INSPECTORATE, KOZHIKODE DATED 7-7-2006 EXT.R1(d) TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER DATED 5-6-2006. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.30040 of 2006 ----------------------------------------- Dated this the 8th day of August, 2008 JUDGMENT The writ petition is filed with the following prayers:- (a) Declare that the petitioner is entitled to refund of the security deposit viz. Rs.1,19,500/- from the respondent as per agreement No.KSIDC/IGC/KNR/4/2002-03 dt. 13-11-2002. (b) Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to refund the security deposit amount of Rs.1,19,500/- to the petitioner with interest @ 18% per annum from 26-3-2005 till date of payment. Learned counsel for the first respondent submits that only because the petitioner had not completed the work within the stipulated period the security deposit was not returned. Now that the work has been completed, it is submitted that the amount can be released to the petitioner. Therefore, the writ petition is disposed of directing the first respondent to release the security deposit made by the petitioner within a period of three months from today. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.30040 of 2006 ----------------------------------- JUDGMENT 8th August, 2008