The court confirmed that the performance guarantee should not exceed 3%, aligning with previous judgments.

J U D G M E N T

The petitioners have approached this Court, pointing out that they are contractors having A class contractor’s licence, registered with the Public Works Department, and seeking to challenge the steps taken by the respondents in insisting for execution of the agreement with 5% performance guarantee, pointing out that the requirement cannot exceed 3%.

2. Heard Sri.Deepu Thankan, the learned counsel for the petitioner in W.P(C) No.17733 of 2023, Sri.V.Philip Mathew, the learned counsel for the petitioner in W.P.(C) No.14426 of 2023, Sri.E.C.Bineesh, the learned counsel for the Kerala Road Fund Board, as well as Sri.K.V.Manoj Kumar, the learned Senior Government Pleader.

3. This Court notices that, on the basis of the interim orders issued, the respective petitioners were permitted to execute the agreement with 3% performance guarantee. The petitioner in W.P.(C) No.17733 of 2023 is stated to have completed the work, and the petitioner in W.P.(C) No.14426 of 2023 is stated to be continuing with the work as of now.

4. In view of the interim orders passed by this Court noticed above, as well as the directions issued by this Court in W.P.(C) No.28412 of 2023 dated 24.08.2023, permitting the petitioner therein to furnish only 3% additional performance guarantee/ performance guarantee, I am of the opinion that these writ petitions can also be disposed of in terms of the directions contained in the afore judgment.

In the afore circumstances, these writ petitions would stand disposed of, making the interim orders absolute.

Sd/-