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2026 Supreme(Online)(Ker) 11600

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. petitioner is a contractor involved in significant public works. (Para 1)
2. court reviews relief sought on guaranteeing performance via payment. (Para 2)
3. court permits substitution of performance guarantee based on unpaid bill. (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) - WSS to Peravoor & adjoining Panchayths (Peravoor, Muzhakunnu, Kolayad, Chittariparamba, Aralam and Ayyankunnu) -Supplying and laying Gravity main for Aralam & amp; Ayyankunnu Panchayath-Pipeline Work and Jal Jeevan Mission (JJM) - Kannur District- WSS to Alakode and adjoining Panchayth – Package II – Transmission Main Reach II – Supplying and Laying transmission main from GLSR at Mandalaaduvil west OHSR, Various Reservoirs in Alakkode Panchayath, Udayagiri Panchayath, Peringome Vayakkara Panchayath and Cherupuzha Panchayath and road restoration works -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 sa

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