IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 RP.No. 980 of 2008(H) --------------------------- AGAINST THE JUDGEMENT IN OP.6795/2003 Dated 16/11/2006 .................... REVIEW PETITIONER/PETITIONER IN OP: -------------------------------------------------- EMGMI AGENCIES, REPRESENTED BY ITS PARTNER N.V.BABY, NECHOOR P.O., PIRAVOM - 686664. BY ADV. SRI.BOBBY MATHEW KOOTHATTUKULAM RESPONDENTS/RESPONDENTS IN OP: --------------------------------------------- 1. KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION, TRICHUR P.O. TRICHUR DISTRICT. 3. INDUSTRIAL ENGINEERS, REPRESENTED BY ITS PARTNER JAISON ANTONY, KOTHAMANGALAM. BY SRI. M. DINESH, SC, KWA. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------- Review Petition No.980 OF 2008 IN O.P. No. 6795 OF 2003 ---------------------------------------- Dated this the 26th day of November, 2008. O R D E R By judgment dated 16.11.2006 in O.P.No.6795/2003, this Court relegated the petitioner to pursue its surviving grievance before the second respondent in the matter of forfeiture of earnest money. It was also observed that whether automatic forfeiture of Earnest Money Deposit is permissible will have to be considered by the said respondent. 2. According to the review petitioner-writ petitioner, this Court in the interim order dated 09.06.2004 had reserved the right of the petitioner to pursue the grievance regarding forfeiture of EMD and damages in the writ petition. Learned counsel for the petitioner submits that pursuant to the judgment dated 16.11.2006, the second respondent had already considered the matter and the request was rejected. The issue is now pending before this Court in W.P.(C) No.31159/2008. All what is required is to clarify that it R.P.No.980/08 2 will be open to the writ petitioner-review petitioner to pursue all its contentions taken in O.P.No.6795/2003 also in W.P.(C) No.31159/2008. Clarified accordingly and this review petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp R.P.No.980/08 3 KURIAN JOSEPH, J. R.P.No.980 OF 2008 IN O.P. No. 6795 OF 2003 O R D E R 26.11.2008 R.P.No.980/08 4