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2022 Supreme(Online)(KER) 45445

HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
THE PROJECT DIRECTOR – Appellant
Versus
KSHEMA POWER AND INFRASTRUCTURE COMPANY (P) LTD. – Respondent


JUDGMENT

Dated this the 18th day of January, 2022 S.Manikumar, C.J.

Before the writ court, the petitioner has sought for the following reliefs:

“i. To issue writ, order or direction in the nature of mandamus directing the 3rd and 4th respondent to take up Ext.P7 and initiate appropriate action, following the dictum in Ext.P1 judgment and to keep in abeyance the further proceedings of 5th respondent under Ext.P6, in the interest of justice.

ii. To call for the entire records leading to issuance of Ext.P6 from the 5th respondent, as it is illegal and arbitrary, following the dictum in Ext.P1 Judgment, in the interest of justice.

Iii. To issue writ, order or direction in the nature of mandamus directing the 5th respondent to stop the further proceedings under Ext.P6, following the dictum in Ext.P1 judgment and to reject the claim for expired bank guarantee, in the interest of justice. ”

2. Facts necessitated for the filing of the writ petition are as hereunder:

The petitioner is aggrieved by the action taken by the 5th respondent to invoke the expired bank guarantee of the petitioner, which was executed as bank guarantee Nos. 7029119BG0000055, 7029119BG0000053, 7029119BG0000058 executed at

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