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2019 Supreme(Ker) 1019

C.K.ABDUL REHIM, ANU SIVARAMAN
Kerala State Electricity Board Ltd – Appellant
Versus
Hanjong Energy And Technology Private Limited – Respondent


Advocates Appeared:
For the Appellant : Sri. C. Joseph Antony, Shri. John Manjooran
For the Respondent: Sri. Babu Karukapadath, Smt. M.A. Vaheeda Babu, Smt. Arya Raghunath, Sri. P.U. Vinod Kumar, Sri. Avinash P Raveendran, Sri. Raju Joseph. Sr. For KSEB

JUDGMENT :

Abdul Rehim, J.

The Kerala State Electricity Board Ltd. (hereinafter referred to as 'the Board' for short), who is the respondent in the writ petition is in appeal challenging judgment of the Single Judge, dated 27-03-2019. The writ petitioner is the respondent herein.

2. The writ petition was filed by the respondent herein challenging Ext.P3 order issued by the appellant, through which sanction was accorded for forfeiture of the Earnest Money Deposit (EMD) amounting to Rs.1 Crore, which was deposited by the respondent along with the 'price bid' submitted, responding to an invitation for 'Expression of Interest (EoI)' for setting up a power plant based on 'renewable energy' other than 'Hydro energy'. Inter alia, a direction was sought for against the appellant for refund of the EMD along with interest @ 12% per annum. The Single Judge had allowed the writ petition and directed the appellant to refund the amount of Rs.1 Crore to the respondent, along with interest @ 9% per annum from the date of Ext.P3 onwards, within a period of 2 months from the date of receipt of the judgment. It is aggrieved by the said direction the appellant has filed the above writ appeal.

3. Narration

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