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2026 Supreme(Online)(Ker) 10044
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
REENA ENGINEERS AND CONTRACTORS PVT. LTD. – Appellant
Versus
KERALA WATER AUTHORITY – Respondent
WP(C) NO. 11499 OF 2024 | WP(C) NO. 11524 OF 2024 | WP(C) NO. 11533 OF 2024
For the Appellants/Petitioners: SRI.P.SHANES METHAR, SRI.N.KRISHNA PRASAD
For the Respondents: SHRI.P.M.JOHNY, SRI.JUSTINE JACOB, SRI.SUJITH MATHEW JOSE
The court allows substitution of performance guarantees with bank guarantees, enhancing flexibility in civil proceedings.
Headnote:In these writ petitions, the petitioners sought to execute performance guarantees in the form of bank guarantees rather than treasury deposits, permitted by an interim order dated 04.04.2024. The court disposed of the petitions upon learning bank guarantees had been furnished, making the interim order absolute with a condition for validity throughout the liabilities. The decision reinforces the flexibility in performance guarantee requirements under civil petitions.
| Table of Content |
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| 1. court allowed bank guarantees in lieu of treasury deposits. (Para 1 , 2) |
| 2. interim order confirmed, subject to bank guarantee validity. (Para 3) |
JUDGMENT
In all these cases, the reliefs sought by the petitioners was to permit them to execute the performance guarantee in the form of bank guarantee instead of treasury deposit. In all these cases, interim order was granted by this court on 04.04.2024, permitting them to undertake the contract on submission of Bank guarantee, instead of treasury fixed deposit, for the purpose of performance guarantee.
2. Today when the matter came for consideration, it is reported that the petitioners had already furnished the Bank guarantee and the works are undergoing.
3. In such circumstances, these writ petitions are disposed of making the common interim order passed by this court on 04.04.2024 absolute, however, subject to the condition that the petitioners shall ensure that the respective Bank guarantees are kept valid throughout the period during which the liabilities subsist.
Sd/-
ZIYAD RAHMAN A.A.
