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2023 Supreme(Online)(KER) 18699

HIGH COURT OF KERALA
A.J.DESAI, CJ, V. G. Arun, J
B.A. AMOO – Appellant
Versus
MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES – Respondent


Advocates:
BABU JOSEPH KURUVATHAZHA, K.V.MANOJ KUMAR, SRI. V.V.JOSHI, SC, KWA, SRI. SUVIN R.MENON, CGC

JUDGMENT

V.G.ARUN, J.

Being the successful bidder for a work contract, the appellant was issued with Ext.P1 Letter of Acceptance by the Kerala Water Authority. The conditions in the Letter of Acceptance required the appellant to furnish security/performance guarantee worth Rs.4,85,400/- and Additional Performance Guarantee worth Rs.19,82,300/-. Aggrieved by the demand for Performance Guarantee and Additional Performance Guarantee, the writ petition was filed seeking the following reliefs;

i). issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioner to execute the agreement, in pursuant to Ext.P1 selection notice, without furnishing the security deposit/performance guarantee and additional performance guarantee, forthwith.

ii). issue any appropriate writ, order or direction declaring that the respondents are bound to follow the directions issued by the Government of India in Ext.P4 Office Memorandum and Ext.P9 policy in the matter of additional performance security/guarantee, in its true letter and spirit, without dilution;

iii). issue a writ of mandamus or any other appropriate writ, order or direction commanding the

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