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2024 Supreme(Online)(KER) 41151

HIGH COURT OF KERALA
Abdul Nisar C.H – Appellant
Versus
Kerala Water Authority(Represented by its Managing Director ) – Respondent


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 2nd 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 2nd respondent within two weeks of receipt of a copy of this

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