WP(C) NO. 11295 OF 2025 1 2025:KER:28641 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 11295 OF 2025 PETITIONER: M/S OM DHAR ENGINEERING PVT. LTD II FLOOR, SRINIVASA SQUARE, IMAGE HOSPITAL LANE, MADHAPUR, HYDERABAD- 500 081, REPRESENTED BY AUTHORISED SIGNATORY,C INDRA KUMAR, AGED 53 YEARS, S/O SURYA RAO, A 404, TRENDSETWINZ, NANAKRAMGUDA, HYDERABAD,, PIN - 500033 BY ADVS. SRI.V.PREMCHAND SMT.HALIYA T.P. SRI.MAHADEV M.J. RESPONDENTS: 1 THE KERALA WATER AUTHORITY JALABHAVAN, REPRESENTED BY ITS MANAGING DIRECTOR, THIRUVANATHAPURAM,, PIN - 695033 2 THE MANAGING DIRECTOR THE KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANATHAPURAM,, PIN - 695033 3 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER THE KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANATHAPURAM,, PIN - 695033 4 THE SUPERINTENDING ENGINEER THE KERALA WATER AUTHORITY,PH CIRCLE, ALAPPUZHA DISTRICT,, PIN - 688001 5 THE EXECUTIVE ENGINEER THE KERALA WATER AUTHORITY, PROJECT DIVISION, ALAPPUZHA DISTRICT,, PIN - 688001 BY ADV SRI.P.M.JOHNY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 11295 OF 2025 2 2025:KER:28641 JUDGMENT Dated this the 03rd day of April, 2025 The writ petition is filed to direct the respondents to forthwith release the treasury deposit which is deposited towards performance guarantee for the work covered by Ext.P1, by adjusting the amount from the running bills due to the petitioner. 2. The petitioner is an ‘A’ class contractor. The petitioner was awarded with the work covered by Ext.P1 of letter of acceptance. The petitioner had deposited Rs.1,10,38,000/-, with the respondents towards performance guarantee. The petitioner is facing a financial crisis. Therefore, the petitioner has made a request to release the performance guarantee amount by recouping an equal amount from Ext.P4 CB 3 Voucher certified by the Executive Engineer, PH Division, Alappuzha. In a case of an identical nature, by Ext.P5 judgment, this Court has allowed the request of the petitioner therein. The petitioner is entitled to the WP(C) NO. 11295 OF 2025 3 2025:KER:28641 benefit of a similar judgment. Hence, the writ petition. 3. Heard; the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 4. On a consideration of the facts and the materials on record, particularly that the Executive Engineer has already submitted Ext.P4 certificate certifying that Rs.2,78,28,854/- is due to the petitioner, I am satisfied that the writ petition is to be allowed. 5. In the above said circumstances, I direct the 4th respondent to release the treasury deposit submitted by the petitioner towards performance guarantee for Ext.P1 work by recouping an equal amount from Ext.P4 Voucher. The above exercise shall be done within six weeks from the date of production of a copy of this judgment. The writ petition is ordered accordingly Sd/- C.S.DIAS JUDGE NAB WP(C) NO. 11295 OF 2025 4 2025:KER:28641 APPENDIX OF WP(C) 11295/2025 PETITIONER EXHIBITS EXHIBIT P 1 A TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 26.05.2023 ISSUED BY THE 4TH RESPONDENT EXHIBIT P 2 A TRUE COPY OF THE PETITION DATED 14.02.2025 BEFORE THE 4TH RESPONDENT EXHIBIT P 3 A TRUE COPY OF THE ORDER DATED 20.03.2024 ISSUED BY THE 2ND RESPONDENT EXHIBIT P 4 A TRUE COPY OF THE CB 3 VOUCHER DATED 11.11.2024 CERTIFIED BY THE EXECUTIVE ENGINEER, PH DIVISION, ALAPUZZHA EXHIBIT P 5 A TRUE COPY OF THE JUDGMENT DATED 28.02.2025 IN WP© NO 5042/2025 BEFORE THE HON'BLE HIGH COURT OF KERALA, AT ERNAKULAM