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2017 Supreme(Ker) 905

State, rep. by Addl. Superintendent of Police, CBI. – Appellant
Versus
K. Mohanachandran (IAS) – Respondent


Advocates Appeared:
P. Chandrasekharan Pillai, SC, K.M. Natarajan, Addl. Solicitor General of India, P. Narayanan, Sr. Public Prosecutor, Alex M.Thombra, Public Prosecutor, B. Raman Pillai, Senior Advocate, R. Anil, M. Sunilkumar, V.B. Sujesh Menon Thomas Abraham (Nilackappillil), Manu Tom, T. Anil Kumar, M. Vivek, D. Kishore, P.S. Biju, Philip T. Varghese, Thomas T. Varghese, M.F. Mohammod Siyad, Achu Subha Abraham, K.S. Madhusoodanan, M.M. Vinod Kumar, P.K. Rakesh Kumar, K.S. Mizver, S. Jessin, Hareesh Salve, Alan Papali, Gilbert George Correya, J. Vimal, O.V. Maniprasad, Sreeja Sohan, K.S. Sajeev Kumar, C.S. Hrithwik, D. Anil Kumarr, Jacob Abraham

JUDGMENT :

1. M/s. SNC Lavalin is a Canadian Consultant Company having long standing association and transactions with the Kerala State Electricity Board (K.S.E.B). In the political and social circles in Kerala, “Lavalin” is a controversial figure, and Lavalin is now the subject matter of political discussions and political fights in Kerala. Some contracts between M/s. SNC Lavalin (Lavalin) and the K.S.E.B gave rise to the present case, started long back. “Lavalin” had undertaken some projects under the K.S.E.B on earlier occasions, like the Kuttiyadi project, Idukki project etc. There were no complaints or allegations regarding those projects undertaken and carried out by Lavalin. In 1995, the K.S.E.B took a decision for the renovation and modernisation of three Hydro Electrical Projects at a time when there was severe shortage of electricity in Kerala. Those are the “Pallivasal, Sengulam and Panniyar projects” (PSP Projects). After effective negotiations between the officials and office bearers of the K.S.E.B and the senior Vice President of the S.N.C. Lavalin, the parties came to terms preparatory to the making of enforcible contracts, and accordingly, as a first step, a Memorand





















































































































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