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2022 Supreme(Ker) 1097

S. MANIKUMAR, SHAJI P. CHALY
Skilled Constructions Company Ltd. , Represented By Its Authorised Signatory – Appellant
Versus
Union Of India, Represented By Its Secretary – Respondent


Advocates Appeared:
For the Petitioner: Sri. Sunil Jacob Jose.
For the Respondents: Sri. B. Ramachandran, CGC (B/O), Sri. K.Jaju Babu (SR.), Smt. M.U. Vijayalakshmi, Sri. K.V. Manoj Kumar.

JUDGMENT :

[S. Manikumar, J. ]

1. Being aggrieved by the judgment passed in W.P.(C) Nos. 23679, 26212 and 26762 of 2021 dated 22.04.2022, W.A. Nos.615, 713, and 726 of 2022 are filed by the petitioners, whereas, W.A. No.941 of 2022 is filed by the State and its instrumentalities, challenging the judgment in W.P.(C) No. 4140 of 2022 dated 8.4.2022.

2. After considering the submissions, by judgment dated 22.04.2022 in W.P.(C) Nos. 23679, 26212 and 26762 of 2021, writ court ordered thus:

    “12. By OM dated 12.11.2020, the Government of India, Ministry of Finance decided to reduce Performance Security from existing 5-10% to 3% of the value of the contract for all existing contracts. The benefit of such reduction was to be denied only to the contracts under disputes wherein arbitration/court proceedings have already started or contemplated. The Government of India OM dated 12.11.2020 will apply only to contracts which are governed by Rule 171 of General Financial Rules (GFRs), 2017 unless the OM is adopted by any other authority as such. The said OM will not apply to the contracts awarded by Cochin Smart Mission Limited.

13. The Government of Kerala has issued GO(P) No.7/2021/Fin dated 07

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