IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 4614 of 2008(Y) ------------------------- PETITIONER: ------------ KURIEN.E.KALATHIL, CONTRACTOR, T.C.14/1004, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.A.V.THOMAS SRI.G.SHRIKUMAR SRI.JOJO GEORGE SRI.NIDHI SAM JOHNS RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM-4. 2. THE CHIEF ENGINEER (CONSTRUCTION CIVIL) NORTH, KERALA STATE ELECTRICITY BOARD, GANDHI ROAD, KOZHIKODE. 3. THE FEDERAL BANK LIMITED, NANTHANCODE BRANCH, DEVASWOM BOARD JUNCTION, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM-695 003, REPRESENTED BY THE CHIEF MANAGER. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 & R2 SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 & R2 SRI.E.K.NANDAKUMAR FOR R3 SRI.A.K.JAYASANKAR NAMBIAR FOR R3 SRI.K.JOHN MATHAI FOR R3 SRI.P.BENNY THOMAS FOR R3 SRI.ANIL D. NAIR FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.4614 of 2008 ================== Dated this the 21st day of August, 2008 J U D G M E N T The petitioner has executed certain works on behalf of the Kerala State Electricity Board. Although the work has been completed and the project dedicated to the nation on 16.12.2005, the amount due to the petitioner for the work has not been paid yet. At the same time, the petitioner is called upon to go on renewing the bank guarantee in lieu of retention money towards guarantee for satisfactory completion of the work. According to the petitioner, this is totally unjust and unreasonable in so far as after dedicating the work to the nation on 16.12.2005, the respondents cannot have any grievance regarding satisfactory completion of the work. The petitioner also refers to Ext.P4, wherein the KSEB themselves have certified that the work undertaken by the petitioner has been successfully completed to their satisfaction and the project is under operation. On 8.2.2008, while admitting the writ petition, a stay was granted on condition that the bank guarantee mentioned in w.p.c.4614/08 2 Ext.P6 would be kept alive by the petitioner. The same was extended till 31.8.2008. According to the petitioner, the respondents are now insisting on further extending the bank guarantee simply on the ground that they are yet to finalise the bills. 2. The learned Standing Counsel appearing for the Electricity Board, on instructions, submits that the matter would be finalised within one month. Although I find considerable merit in the contentions of the petitioner, I dispose of this writ petition with a direction to the petitioner to renew the bank guarantee for one more month from 31.8.2008. The respondents shall finalise the bills for the work within that period. The respondents shall not require the petitioner to extend the bank guarantee any further. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.4614/08 3