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2025 Supreme(Online)(Ker) 58672

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
M.B. PRADEEP – Appellant
Versus
KERALA WATER AUTHORITY – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SAJI VARGHESE KAKKATTUMATTATHIL, SHRI.AMAL XAVIER
For the Respondents: SRI.JUSTINE JACOB

Table of Content
1. petitioner is a contractor seeking adjustments on unpaid bills. (Para 1)
2. court observes validity of claims and entitlement. (Para 2)
3. court permits execution of guarantees based on acknowledged unpaid dues. (Para 3)

JUDGMENT

The petitioner is a registered Government Contractor carrying out work for the Kerala Water Authority. The petitioner was awarded with the works named (1) "KIIFB-Budget Work 2016-17 of PWD - RWSS to Nadathara - Improvements to Nadathara - Ivloorkkanikakra - Kannara Road - Shifting utilities of lowA and Jalanidhi in same trench from Nadathara Junction to Valakkavu Bridge (Reach 1) Pipeline Work" and (2) "KIIFB -Improvements to Nadathara-lvloorkanikkara-Kannara Road - Utility shifting KWA Pipelines from Chalapadam to Kannara Centre in Pananchery Panchayat - Pipeline Work". As per the contract, the petitioner is under an obligation to execute a performance guarantee and additional performance guarantee, as per the terms and conditions in the PWD manual. The case of the petitioner is that, as of now, in respect of certain works already carried out by the petitioner, the amounts of Exts. P3 and P6 bills are remaining unpaid, even though they hav

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