WP(C) No.9734 of 2025 1 2025:KER:30017 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 9734 OF 2025 PETITIONER: M/S HLL INFRATECH SERVICES LTD. (HITES) GOLDEN JUBILEE BLOCK, HLL BHAVAN, POOJAPPURA, TRIVANDRUM. REPRESENTED BY ITS DEPUTY VICE PRESIDENT., PIN - 695012 BY ADVS. C.Y.VINOD KUMAR C.ANILKUMAR (KALLESSERIL) AADIL NAZARUDEEN SUBIN CHACKO MATHEW RESPONDENTS: 1 KERALA RAIL DEVELOPMENT CORPORATION LTD. 5TH FLOOR, TRANS TOWER, VAZHUTHACAUD, TRIVANDRUM. REPRESENTED BY ITS MANAGING DIRECTOR., PIN- 695014 2 GENERAL MANAGER (CIVIL) KERALA RAIL DEVELOPMENT CORPORATION LTD., 5TH FLOOR, TRANS TOWER, VAZHUTHACAUD, TRIVANDRUM, PIN - 695014 3 EXECUTIVE DIRECTOR KERALA RAIL DEVELOPMENT CORPORATION LTD., 5TH FLOOR, TRANS TOWER, VAZHUTHACAUD, TRIVANDRUM, PIN - 695014 4 STATE BANK OF INDIA COMMERCIAL BRANCH, SREE GANESH KRIPA, HOTEL JAS ROAD, THYCAUD, TRIVANDRUM - 695 104, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER WP(C) No.9734 of 2025 2 2025:KER:30017 (IS IMPLEADED AS ADDL R4 AS PER ORDER DATED 13/03/2025IN IA/1/2025 IN THE WP(C) 9734/2025) SRI DINESH RAO S SRI JITHESH MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.9734 of 2025 3 2025:KER:30017 JUDGMENT Dated this the 7th day of April, 2025 The writ petition is filed to quash Ext.P9 termination notice. 2. When the writ petition came up for consideration on 13.03.2025, this Court directed the additional 4th respondent to defer the encashment of the bank guarantee. The petitioner was also permitted to work out his remedies as per the provisions of the Arbitration and Conciliation Act, 1996 (in short ‘Act’). 3. Heard; the learned counsel for the petitioner and the learned counsel for the respondents. 4. The learned counsel for the petitioner submitted that the petitioner has already moved under the Act. However, the 3rd respondent has already invoked the bank guarantee. Therefore, the writ petition has outlived its purpose. WP(C) No.9734 of 2025 4 2025:KER:30017 Recording the above submission and reserving the right of the petitioner to work out its remedies, in accordance with law, the writ petition is closed. Sd/- C.S.DIAS, JUDGE AJ WP(C) No.9734 of 2025 5 2025:KER:30017 APPENDIX OF WP(C) 9734/2025 PETITIONER EXHIBITS Exhibit P1 COPY OF THE LETTER OF ACCEPTANCE NO. KRDCL/51/2024-DGMC2/LOA DATED 20.07.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P2 COPY OF THE COMMUNICATION DATED 10.09.2024 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P3 COPY OF THE COMMUNICATION DATED 11.11.2024 ISSUED BY THE GENERAL MANAGER, RAILWAYS ALONG WITH THE INSPECTION NOTE Exhibit P4 COPY OF THE LETTER DATED 20.12.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P5 COPY OF THE LETTER DATED 24.12.24 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P6 COPY OF THE REVISED QUOTE DATED 24.01.25 SUBMITTED BY THE PETITIONER Exhibit P7 COPY OF THE NOTICE DATED 29.01.25 ISSUED BY THE 3RD RESPONDENT Exhibit P8 COPY OF THE REPLY DATED 10.02.2025 SEND BY THE PETITIONER Exhibit P9 COPY OF THE TERMINATION NOTICE DATED 04.03.2025 ISSUED BY THE 3RD RESPONDENT Exhibit P10 RELEVANT PAGES OF THE REQUEST FOR PROPOSAL DOCUMENT FORMING PART OF LETTER OF ACCEPTANCE/CONTRACT DATED NIL Exhibit P11 COPY OF THE LETTER DATED 05.03.2025 SENT BY THE PETITIONER TO THE 3RD RESPONDENT