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2019 Supreme(Online)(KER) 62115

HIGH COURT OF KERALA
V. G. Arun, J
K T MATHEW – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

The petitioner is a registered partnership firm engaged in civil engineering and construction works for the Kerala Public Works Department. The petitioner was awarded the tender for construction of 'Mundolikkadavu Bridge' and approach road across Meenachil (Manimalayar) river in Kottayam District, vide order dated 2.2.2016 issued by the second respondent.

2. Later, by Ext.P2 communication, the petitioner was required to execute necessary agreement for the work. Under Ext.P2, the petitioner was also directed to produce security of 5% of the contract value, ie, Rs.34,52,700/-, out which at least 50% of the security amount was to be furnished as treasury receipt and balance amount as bank guarantee. The afore mentioned stipulation is challenged by the petitioner primarily on the ground that the petitioner, being a Small Scale Industrial Unit (SSI) registered with the National Small Industries Corporation Limited, is eligible for certain benefits provided for Micro, Small and Medium Enterprises by the Central Government, which are applicable to the State Governments also.

3. In support of the contention, the learned counsel for the petitioner relied on Ext.P3 certificate issued

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