JUDGMENT

The petitioner is a contractor who was awarded the work, “AMRUT 2.0 – WSS to Thripunithura Municipality – Providing FHTC, by augmenting or retrofitting the existing Water Supply Scheme and laying new rider line (Thiruvankulam Zone – Ward Nos. 15, 16, 22, 23, 24, and 25) – Package I – Pipeline work.” Exhibit P2 is the agreement executed between the petitioner and the Kerala Water Authority, on 05.06.2023.

2. According to the learned counsel for the petitioner, the petitioner had completed 93% of the work, and the remaining work could not be completed, as the Water Authority failed to obtain the road cutting permission for the same. According to the petitioner, despite repeated requests and reminders, the Water Authority has, so far, not obtained such permission, which prevents the petitioner from executing the remaining work. It is also the case of the petitioner that, by passage of time, the completion of the work at the rates quoted by the petitioner became not feasible. Therefore, the petitioner seeks foreclosure of the agreement and a direction to the respondents to release the performance guarantee and additional performance guarantee to the petitioner.

3. A counter affi