WP(C) NO. 7196 OF 2025 1 2025:KER:30738 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 7196 OF 2025 PETITIONER: SURYA CONSTRUCTIONS, THRIPUNITHURA REP. BY ITS MANAGING PARTNER JOSE VALOTHIL ENGINEERS & CONTRACTORS, 4TH FLOOR, MALAYIL MAJESTY, NEAR RAILWAY OVERBRIDGE, REFINERY ROAD, THRIPUNITHURA, KOCHI-6 8 2 3 0 1 REPRESENTED BY ITS MANAGING PARTNER JOSE VALOTHIL, S/O YOYAK, AGED 68 YEARS, RESIDING AT VALOTHIL HOUSE, LITTLE PALACE LANE,THIRUVANKULAM PO, ERNAKULAM, PIN - 682305 BY ADVS. SAJI VARGHESE KAKKATTUMATTATHIL AMALENDU A. RESPONDENTS: 1 KERALA WATER AUTHORITY REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 2 THE FINANCE MANAGER KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695033 3 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PH CIRCLE, MALAPPURAM, PIN - 676505 4 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KANNUR, PIN - 670012 WP(C) NO. 7196 OF 2025 2 2025:KER:30738 5 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, KOCHI, PIN - 682011 6 SUPERINTENDING ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH CIRCLE, MUVATTUPUZHA, PIN - 686661 BY ADV P.M.JOHNY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7196 OF 2025 3 2025:KER:30738 JUDGMENT The writ petition is filed to direct the second respondent to substitute the performance guarantee, bank guarantees, retention amount, treasury deposits, security deposits, maintenance charges and other deposits (in short ‘deposits’) by adjusting the amounts from Exts.P1 to P5 approved bills. 2. The petitioner is a work contractor with first respondent authority. The petitioner was awarded with nine works under the respondents 1 to 6. An amount of Rs.50,66,09,886/- is due to the petitioner as per the running bills. The 1st respondent authority has not paid the running bills alleging paucity of funds. The petitioner has deposited Rs.6,55,27,110/- towards vairous deposits for the above said nine contracts. The petitioner submitted four representations to respondents 3 to 5 to release the deposits made by the petitioner by adjusting the amount from Exts.P1 to P5 running bills. In a case of identical WP(C) NO. 7196 OF 2025 4 2025:KER:30738 nature, by Ext.P17 judgment, this Court has permitted the substitution of the deposits, by adjusting the amount from the running bills. The petitioner is entitled to the benefit of a similar judgment. Hence, the writ petition. 3. Heard; the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. 4. On a consideration of the facts and the materials on record, particularly that Exts.P1 to P5 running bills are pending payment with 1st respondent authority and the petitioner is in a financial crisis, I am the view that the said security deposits submitted by the petitioner can be adjusted from Exts.P1 to P5 running bills. In the aforesaid circumstances, I allow the writ petition, by directing the 3rd respondent to substitute the performance guarantee, bank guarantees, retention amount, treasury deposits, security deposits, maintenance charges and other deposits in lieu of Exts.P1 to P5 approved bills. Needless to mention, the petitioner would have to WP(C) NO. 7196 OF 2025 5 2025:KER:30738 execute the requisite undertaking/indemnity letter in favour of the respondents as per their regulations. The above exercise shall be carried out by the respondents within one month from the date of production of a certified copy of this judgment. The writ petition is ordered accordingly. Sd/-C.S.DIAS JUDGE lsn WP(C) NO. 7196 OF 2025 6 2025:KER:30738 APPENDIX OF WP(C) 7196/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CB-3 DATED 1.8.2023 ISSUED BY THE 3RD RESPONDENT FOR AN AMOUNT OF RS.1,32,65,179/- TOWARDS THE PAYMENT OF RUNNING BILL IN CONNECTION WITH THE WORK REFERRED AS (A) IN THE ABOVE TABLE Exhibit P2 A TRUE COPY OF THE CB-3 DATED 17.01.2025 ISSUED BY THE 4TH RESPONDENT TOWARDS THE PAYMENT OF RUNNING BILL IN CONNECTION WITH THE WORK REFERRED AS (B) IN THE ABOVE TABLE FOR RS.3,25,06,445/- Exhibit P3 A TRUE COPY OF THE CB-3 DATED 17.01.2025 ISSUED BY THE 4TH RESPONDENT TOWARDS THE PAYMENT OF RUNNING BILL IN CONNECTION WITH THE WORK REFERRED AS (C) IN THE ABOVE TABLE FOR RS. 3,78,89,376/- Exhibit P4 A TRUE COPY OF THE CB-3 DATED 23.12.2024 ISSUED BY THE 5TH RESPONDENT TOWARDS THE PAYMENT OF RUNNING BILL IN CONNECTION WITH THE WORK REFERRED AS (D) IN THE ABOVE TABLE FOR RS. 1,92,54,715/- Exhibit P5 A TRUE COPY OF THE CB-3 DATED 04.02.2025 ISSUED BY THE 6TH RESPONDENT TOWARDS THE PAYMENT OF RUNNING BILL IN CONNECTION WITH THE WORK REFERRED AS (E) IN THE ABOVE TABLE FOR RS. 1,90,86,048/- Exhibit P6 A TRUE COPY OF THE BANK GUARANTEE DATED 05.09.2023 FOR RS.31,13,850/- PROVIDED BY THE PETITIONER IN CONNECTION WITH WORK REFERRED AS (A) IN THE ABOVE TABLE Exhibit P7 A TRUE COPY OF THE TREASURY DEPOSIT DATED 08.09.2023 FOR RS.31,13,850/- PROVIDED BY THE PETITIONER IN CONNECTION WITH WORK REFERRED AS (A) IN THE ABOVE TABLE Exhibit P8 A TRUE COPY OF THE BANK GUARANTEE DATED 23.08.2023 FOR RS.1,02,34,500/- PROVIDED BY THE PETITIONER IN CONNECTION WITH WORK WP(C) NO. 7196 OF 2025 7 2025:KER:30738 REFERRED AS (B) IN THE ABOVE TABLE Exhibit P9 A TRUE COPY OF THE TREASURY DEPOSIT DATED 23.08.2023 FOR RS. 1,02,34,500/- PROVIDED BY THE PETITIONER IN CONNECTION WITH WORK REFERRED AS (B) IN THE ABOVE TABLE Exhibit P10 A TRUE COPY OF THE BANK GUARANTEE DATED 15.09.2023 FOR RS. 82,47,138/- PROVIDED BY THE PETITIONER IN CONNECTION WITH WORK REFERRED AS (C) IN THE ABOVE TABLE Exhibit P11 A TRUE COPY OF THE TREASURY DEPOSIT DATED 16.09.2023 FOR RS. 14,25,000/- PROVIDED BY THE PETITIONER IN CONNECTION WITH WORK REFERRED AS (C) IN THE ABOVE TABLE Exhibit P12 A TRUE COPY OF THE TREASURY DEPOSIT DATED 23.08.2023 FOR RS. 68,23,000/- PROVIDED BY THE PETITIONER IN CONNECTION WITH WORK REFERRED AS (C) IN THE ABOVE TABLE Exhibit P13 A TRUE COPY OF THE BANK GUARANTEE DATED 24.05.2023 FOR RS.40,69,236/- PROVIDED BY THE PETITIONER IN CONNECTION WITH WORK REFERRED AS (D) IN THE ABOVE TABLE Exhibit P14 A TRUE COPY OF THE TREASURY DEPOSIT DATED 26.05.2023 FOR RS. 40,69,236/- PROVIDED BY THE PETITIONER IN CONNECTION WITH WORK REFERRED AS (D) IN THE ABOVE TABLE Exhibit P15 A TRUE COPY OF THE BANK GUARANTEE DATED 03.05.2023 FOR RS.70,98,400/- PROVIDED BY THE PETITIONER IN CONNECTION WITH WORK REFERRED AS (E) IN THE ABOVE TABLE Exhibit P16 A TRUE COPY OF THE TREASURY DEPOSIT DATED 30.05.2022 FOR RS. 70,98,400/- PROVIDED BY THE PETITIONER IN CONNECTION WITH WORK REFERRED AS (E) IN THE ABOVE TABLE Exhibit P17 TRUE COPY OF THE JUDGMENT DATED 19.08.2024 IN WPC NO.28368 OF 2024 Exhibit P18 A TRUE COPY OF THE G.O.(RT) NO.5989/2020/FIN. DATED OCTOBER 16, 2020 WP(C) NO. 7196 OF 2025 8 2025:KER:30738 Exhibit P19 A TRUE COPY OF THE LETTER DATED 17.01.2025 SENT BY THE PETITIONER TO THE RESPONDENTS 3 TO 4 Exhibit P20 A TRUE COPY OF THE LETTER DATED 17.01.2025 SENT BY THE PETITIONER TO THE RESPONDENTS 3 TO 4 Exhibit P21 A TRUE COPY OF THE LETTER DATED 17.01.2025 SENT BY THE PETITIONER TO THE RESPONDENTS 3 TO 4 Exhibit P22 A TRUE COPY OF THE LETTER DATED 17.01.2025 SENT BY THE PETITIONER TO THE RESPONDENTS 3 TO 4 Exhibit P23 A TRUE COPY OF THE LETTER DATED 08.02.2025 SENT BY THE PETITIONER TO THE 5TH RESPONDENT Exhibit P24 A TRUE COPY OF THE ORDER NO.KWA- JB/5408/2023-F1(FUNDS) DATED 06.01.2024 ISSUED BY THE MANAGING DIRECTOR OF THE 1ST RESPONDENT