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2022 Supreme(Online)(KER) 33043

HIGH COURT OF KERALA
BMT CONSTRUCTIONS – Appellant
Versus
BHARATH SANCHAR NIGAM LIMITED – Respondent


JUDGMENT

This writ petition is filed with following prayers:

i. Issue a Writ of Mandamus or other appropriate Writs, Orders or Directions commanding the respondents particularly the 3rd respondent to release the security deposit as well as the EMD pertaining to the subject matter works to the petitioner by considering Exhibits P-3 and P-4 representations as expeditiously as possible at any rate within a time frame to be fixed by this Hon'ble Court in the interest of justice.

ii. Issue a Writ to declare that the 3rd respondent is having absolutely no authority to withhold the security deposit as well as the EMD amount since the period of contract and the no fault period had expired long back.

iii. Render such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. The grievance of the petitioner is that the 3rd respondent is not justified in withholding the security deposit and the earnest money deposit which are liable to be given to the petitioner once the period of contract and the no fault period is over. The petitioner submitted Exts.P3 and P4 representations before the 3rd respondent. The learned counsel for the petitioner that the

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