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2026 Supreme(Online)(Ker) 27857

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
ANTECH-PRL (JV) – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 12497 OF 2025



Important Points

Writ petition closed without prejudice upon arbitration invocation; interim relief extended conditionally.

Subject

Contract Law - Arbitration and Bank Guarantees

Headnote

The petitioner challenged steps to invoke bank guarantees under a contract with public works authorities. Essential facts involved contract performance issues, extensions, termination, and invocation of guarantees. The court noted arbitration clause invocation and arbitrator appointment. No specific statutes quoted; findings deferred arbitration proceedings. Issues framed around encashment of guarantees amid disputes. Ratio: writ petition closed without prejudice as arbitration invoked, preserving parties' contentions for arbitrator. Writ petition closed; interim order extended three months, conditional on keeping guarantees alive.

Advocates:
For the Appellants/Petitioners: SRI.RANJITH VARGHESE, SRI.RAHUL VARGHESE, SMT.SANTHA VARGHESE, SHRI.GEO KENNEDY K., SHRI.RANJAN BABU JOSEPH, SRI.K.L.VARGHESE (SR.)
For the Respondents: SHRI.B.ASHOK KUMAR

JUDGMENT

This writ petition is submitted by the petitioner, being aggrieved by the steps taken by respondent Nos. 1 to 3 to invoke the bank guarantee furnished by the petitioner for the purpose of the contract entered into between the parties. Today, when the matter came up for consideration, it is submitted by the petitioner and the respondents that the arbitration clause has already been invoked and, as part of the same, an arbitrator has also been appointed.

In such circumstances, this writ petition is closed without prejudice to the contentions of the parties, to be decided by the arbitrator. As this Court has granted an interim order on 26.03.2025 not to encash Exts.P23 and P24 bank guarantees, the said interim order will continue for a period of three months, subject to the condition that the petitioner shall keep the bank guarantee alive.

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