JUDGMENT

The petitioner is engaged in executing civil contract works for the Kerala Water Authority. The petitioner had furnished performance guarantees while executing the agreements with respect to Exts.P3, P4, P5 and P5(b) works. For the completed works, Ext.P2 bill has been raised and the same is pending with the Water Authority. The prayer in this writ petition is to permit the petitioner to substitute the performance guarantee for Exts.P3, P4, P5 and P5(b) with Ext.P2 bill.

2. The learned counsel for the petitioner submits that Ext.P7 order of the Managing Director permits such substitution and this Court, vide Ext.P9 judgment, has directed the Water Authority to grant such permission.

3. I heard the learned Standing Counsel for the Water Authority also.

In the light of Ext.P7 order and Ext.P9 judgment, the writ petition is disposed of directing the 2^nd respondent to permit the petitioner to substitute the performace guarantee with respect to Exts.P3, P4, P5 and P5(b) works with Ext.P2 bill, if the amount due under the bill is sufficient to cover the performance guarantee. The needful in this regard shall be done by the 2^nd respondent within two weeks of receipt of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE Sru APPENDIX OF WP(C) 35004/2024 PETITIONER EXHIBITS Exhibit-P 1 TRUE COPY OF THE MEMO OF WORK TENDERED VIDE AGREEMENT BEARING NUMBER 73/SE/PHC/TSR/2022- 23 DATED 01..03..2023 BETWEEN THE PETITIONER AND THE 2ND RESPONDENT.

Exhibit -P2 TRUE COPY OF THE DULY CERTIFIED CB3 VOUCHER PERTAINING TO CC. 3RD &PART BILL OF EXT-P1 WORK DATED 17..08..2024.

Exhibit-P 3 TRUE COPY OF THE BANK GUARANTEE DATED

25..02..2023 ISSUED BY KERALA FINANCIAL CORPORATION BEARING NUMBER: KFC/KGD/332/2022 IN FAVOUR OF THE 2ND RESPONDENT.

Exhibit-P 4 TRUE COPY OF THE BANK GUARANTEE ISSUED BY KERALA FINANCIAL CORPORATION DATED

25..02..2023 BEARING NUMBER :

KFC/KGD/333/2022 IN FAVOUR OF THE 2ND RESPONDENT.

Exhibit-P 5 TRUE COPY OF THE TREASURY DEPOSIT BEARING NUMBER: 799010100055711 DATED 16..06..2023 FOR RS.59,35,800/- PLEDGED BEFORE THE 2ND RESPONDENT.

Exhibit -P5(b) TRUE COPY OF THE TREASURY DEPOSIT BEARING NUMBER 799010502584899 DATED 03..10..2023 FOR RS.11,88,000/- PLEDGED BEFORE THE 2ND RESPONDENT.

Exhibit-P6 TRUE COPY OF THE CIRCULAR NUMBER:

KWA/PHC/TSR/D1 -1763/2020(VOL-II) DATED

03..08..2022.

Exhibit -P7 TRUE COPY OF THE ORDER NO: KWA-JB/5408/2023-

F1(FUNDS) DATED 06..01..2024.

Exhibit-P8 TRUE COPY OF THE LETTER DATED 19..09..2024 ADDRESSED TO 2ND RESPONDENT.

Exhibit-P9 TRUE COPY OF THE ORDER DATED 31..05..2024 IN WP (C) 18790/2024.

RESPONDENTS EXHIBITS : NIL