IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 23430 of 2008(L) -------------------------- PETITIONER: ------------ K.A.JELTON, GOVT.CONTRACTOR, KIZHAKKEVEETTIL HOUSE, KANNAMALY P.O., KOCHI - 8. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ------------- 1. THE SUPERINTENDING ENGINEER, IRRIGATION CENTRAL CIRCLE, THRISSUR. 2. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, KAKKANAD. BY GOVT. PLEADER SHRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 23430 of 2008 ================== Dated this the 8th day of August, 2008 J U D G M E N T The petitioner is a Government contractor. He is stated to have executed several works on behalf of the Government, in respect of some of which, allegedly amounts are due to him. In the meanwhile, the petitioner is desirous of participating in a tender process pursuant to Ext.P1 notification inviting tenders. The petitioner's grievance in this writ petition is that the petitioner is being directed to furnish EMD although amounts are due from the Government in respect of the earlier works executed by him. The petitioner, therefore, seeks a direction to the respondents to permit the petitioner to participate in the tender process pursuant to Ext.P1 without insisting on payment of EMD. 2. I have heard learned Government Pleader also who would submit that some amounts are due to the petitioner towards payment of passed bills. 3. In the above circumstances, I direct that for the w.p.c.23430/08 2 purpose of enabling the petitioner to participate in the tender process pursuant to Ext.P1 any amounts due to the petitioner in respect of earlier bills to the extent permissible shall be adjusted against the EMD payable by the petitioner in respect of Ext.P1. However, the petitioner shall undertake that he shall not claim that amount until his obligations under the contract, if awarded to the petitioner pursuant to Ext.P1, are completely discharged. If the petitioner is liable to pay any further amount even after adjusting the amounts already due to make up the full amount of EMD, the same shall be paid by the petitioner. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge