IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 12227 of 2010(C) -------------------------- PETITIONER(S): --------------- M/S. NAIR COAL SERVICES LTD., MUNICIPAL SHOPPING COMPLEX, PALAKKAD, HAVING HEAD OFFICE AT SYRIA BHAVAN, NAIR SONS, RAMNAGAR, NAGPUR, REPRESENTED BY ITS SENIOR MANAGER, U.KALADHARAN. BY ADV. SRI.N.MURALEEDHARAN NAIR RESPONDENT(S): --------------- M/S. MALABAR CEMENTS LTD., (A GOVT. OF KERALA UNDERTAKING), WALAYAR, PALAKKAD DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR. ADV.B.S.KRISHNAN (SR). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 12227 of 2010 ================== Dated this the 17th day of May, 2010 J U D G M E N T The petitioner is a contractor who has undertaken execution of a contract on behalf of the respondent. For certain reasons, which the petitioner attributes to force majeure, the petitioner could not execute the work as undertaken by him. Therefore, the respondent invoked the penalty clause in the agreement and appropriated the bank guarantees furnished by the petitioner as security for due performance of the contract. The petitioner would submit that such action against the petitioner is against law. In the above circumstances, the petitioner has filed Ext.P2 representation before the respondent. The petitioner seeks a direction to the respondent to consider and pass orders thereon expeditiously. 2. Having heard the learned standing counsel for the respondent also, I dispose of this writ petition with a direction to the respondent to consider and pass orders on Ext.P2 as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2