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2017 Supreme(Online)(KER) 43691

HIGH COURT OF KERALA
SHAJI P.CHALY, J
M/S DOWINS RESOURCES PVT LTD – Appellant
Versus
THE AIRPORT AUTHORITY OF INDIA – Respondent


J U D G M E N T

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Petitioner has been awarded the licence for Vehicle Parking Fee Collection Rights at the International Terminal at Trivandrum International Airport by respondents 1 and 2 on 6.8.2015, evident from Ext.P2. Similarly the licence for Trolley Retrieval and Maintenance work was also awarded to the petitioner as per Ext.P4. The period of licence is three years with effect from the date of award. Petitioner has furnished bank guarantee for Rs.3,36,35,369/- as per Exts.P3, P3(a) and P5 from the 4th respondent bank. The monthly licence fee would come to more than Rs.55 lakhs. According to the petitioner, since, the date of award of contract, the petitioner company has been remitting the licence fee without default. However, from September 2016 onwards there was default and the arrears as of now demanded as per Ext.P7 is Rs.3,37,69,535/- and the respondents are attempting to invoke the bank guarantee. It is in this background challenging the attempt of the respondents to invoke the bank guarantee, this writ petition is filed by the petitioner.

2. Heard learned counsel for the petitioner, learned Standing Counsel and perused the documents on record and pleadi

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