JUDGMENT

The petitioner is a contractor, and he is awarded the work of “Jal Jeevan Mission (JJM) – 2022 23-CWSS to 13 panchayaths based on Malankara Reservoir-Package-X-Poonjar – Thekkekara panchayath – Providing transmission mains, construction of service reservoirs, providing Distribution networks and FHTCs and allied tender works”. Based on the same, Ext.P2 agreement was also entered into. As per the terms and conditions in the agreement, the petitioner will have to furnish a performance guarantee to the tune of Rs.35,211,815/- and a further sum of Rs.2,46,609/- as the additional performance guarantee. The said guarantee will have to be furnished by way of a treasury deposit and bank guarantee in equal proportions.

2. In the writ petition, the relief sought by the petitioner is to permit the petitioner to substitute the performance guarantee and the additional performance guarantee to be furnished by the petitioner in the form of a treasury deposit, with Ext.P5 sanctioned bill. It is pointed out that, in Ext.P7 judg