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2026 Supreme(Online)(Ker) 10663

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ziyad Rahman A.A., J
MIDLAND CONTRACTING PRIVATE LIMITED – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.SHANES METHAR, SHRI.N.KRISHNA PRASAD, SHRI.A.MOHAMMED FAIZAL, SHRI.ARJUN P.V., SHRI.HARKISH SREETHU V.S.
For the Respondents: SHRI.GEORGIE JOHNY, SC

Table of Content
1. contractor's relief for performance guarantee substitution. (Para 1 , 2)
2. court direction for administrative compliance on guarantees. (Para 3)

J U D G M E N T

The petitioner is a partnership firm and is a contractor, who was entrusted with the work, as evidenced by Exts.P1 and P2, namely, Jal Jeevan Mission (JJM) Kannur District – WSS to Alakkode and adjoining Panchayath – Package VI and Jal Jeevan Mission (JJM)- Kasaragod District- Balal Panchayth- RWSS to Maloth and Balal Phase III- Jal Jeevan Mission (JJM)-Kasaragod District- Balal Panchayth- RWSS to Maloth and Balal Phase IIILaying Distribution system and Providing FHTCs.- Pipeline Work .

2. The relief sought in this writ petition is to permit the petitioner to substitute the performance guarantee furnished by the petitioner in the form of treasury deposits, with the audited and sanctioned pending bill, which is Ext.P5. It is pointed out that, as per Ext.P3 Government Order, such exercise is permissible in respect of the contracts where, the Government is a party to the granted. Moreover, this Court has passed similar directions, in similar circumstances, as evidenced by Ext.P7.

3. After hearing the learned co

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