- 1 - HC-KAR NC: 2025:KHC:18924 WP No. 10971 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 10971 OF 2018 (GM-TEN) BETWEEN: GRASIM INDUSTRIES LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT ADITYA BIRLA CENTRE 'A' WING, 2ND FLOOR, S.K. AHIRE MARG, WORLI MUMBAI-400030 REPRESENTED BY ITS AUTHORIZED SIGNATORY - MR.PAWAN JAIN …PETITIONER (BY SMT. PRIYA KALE FOR SRI. B.M.MOHAN KUMARA, ADVOCATE) AND: 1. STATE OF KARNATAKA ENERGY DEPARTMENT VIKASA SOUDHA BENGALURU - 560 001 REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY 2. KARNATAKA RENEWABLE ENERGY DEVELOPMENT LIMITED (KREDL) #39, "SHANTIGRUHA" BHARATH SCOUTS & GUIDES BUILDING PALACE ROAD BENGALURU-560 001 REPRESENTED BY MANAGING DIRECTOR 3. MR. G. V. BALARAM MANAGING DIRECTOR Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18924 WP No. 10971 of 2018 KARNATAKA RENEWABLE ENERGY DEVELOPMENT LIMITED, GUIDES BUILDING PALACE ROAD BENGALURU-560 001 4. STATE BANK OF INDIA CORPORATE ACCOUNTS, GROUP-BKC, THE CAPITAL, A WING, 16TH FLOOR, B.K.C BANDRA (E) MUMBAI-400051 REPRESENTED BY DEPUTY MANAGER (TRADE FINANCE) …RESPONDENTS (BY SRI. M.SRINIVAS KUMAR, HCGP, FOR R1; SRI. SAMARTH KASHYAP, ADVOCATE FOR R2; SRI. M.V.CHARATI, ADVOCATE FOR R3; SRI. B.V.GOPAL, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE INVOCATION OF THE BANK GUARANTEES DATED 04.01.2018 VIDE ANNEX-D TO D10 SUBMITTED BY THE PETITIONER TO THE R-2 TOWARDS BID SECURITY WITH REGARD TO THE BID NO.B2543457 IS ILLEGAL, NON-EST, NULL AND VOID and DIRECT R-2 AND R-3 TO RETURN FORTHWITH THE DDs ISSUED BY R-4 UPON INVOCATION OF THE BANK GUARANTEES, AMOUNTING TO RS.19,40,00,000/- WHICH WERE SUBMITTED BY THE PETITIONER AS BID SECURITY IN BID NO.B2543457 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:18924 WP No. 10971 of 2018 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: " i.) Declare that the invocation of the bank guarantees bearing Nos. 1637618BG0000021, 1637618BG0000022, 1637618BG0000023, 1637618BG0000027, 1637618BG0000028, 1637618BG0000029, 1637618BG0000030, 1637618BG0000031, 1637618BG0000032, 1637618BG0000033, 1637618BG0000034 DATED 04.01.2018 VIDE ANNEX-D TO D10 SUBMITTED BY THE PETITIONER TO THE R-2 TOWARDS BID SECURITY WITH REGARD TO THE BID NO.B2543457 IS ILLEGAL, NON-EST, NUL AND VOID; ii.) Issue a Writ of Mandamus or any other appropriate Writ or Order or Direction to the Respondent No.2 and Respondent No.3 to return forthwith the DDs issued by the Respondent No.4 upon invocation of the Bank Guarantees, amounting to Rs.19,40,00,000/- (Rupees Nineteen Crore Forty Lakh Only) which were submitted by the Petitioner as Bid security in Bid No.B2543457; iii.) Issue a Writ of Mandamus or any other appropriate Writ or Order or Direction to the Respondent No.2 and Respondent No.3 to forthwith return the Demand Draft Nos.062843, 062844, 062845, 062846, 062847, 062848, 062849, 062850, 062851, 062852, [Annexure-E] amounting to Rs.1,00,00,000/- (Rupees One Crore Only) which were submitted by the Petitioner as Bid Security in Bid No.B2543457; iv.) In the alternative, if the Respondent No.2 has already encashed the Bank Guarantee DDs which have been issued by the Respondent No.4 as against the invocation of the Bank Guarantee and the Demand Drafts cumulatively amounting to Rs.20,40,00,000/- (Rupees Twenty Crore Forty Lakh Only); issue a Writ of Mandamus or any other appropriate Writ or Order or Direction to the Respondent No.2 to refund the bid security amount of Rs.20,40,00,000/- (Rupees Twenty Crore Forty Lakh Only) which was submitted by the Petitioner in the form of Bank Guarantees and Demand Drafts; v.) Direct the Respondent Nos.2 and 3 jointly and severally to compensate the Petitioner in a sum of Rs.50,00,000/- for acting - 4 - HC-KAR NC: 2025:KHC:18924 WP No. 10971 of 2018 highhandedly against the Petitioner and depriving the Petitioner of its money; vi.) Award exemplary costs of the petition; and vii.) Grant such other relief/s as this Hon'ble Court may deem fit, in the facts and circumstances of the case." 2. All the counsels submit that the reliefs sought for in the above petition have been rendered infructuous. 3. Placing their submission on record, the petition is dismissed as infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE HJ List No.: 1 Sl No.: 55