1 O.P.(C) NO.977 OF 2025 2025:KER:29454 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 O.P.(C) NO.977 OF 2025 (AGAINST THE ORDER/JUDGMENT IN MA(ARB.) NO. OF 2025 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT, ERNAKULAM) PETITIONER/PETITIONER: M/S. BRIDGE AND ROOF COMPANY (INDIA) LIMITED, 5TH FLOOR, KANKARIA CENTRE, 2/1, RUSSEL STREET, KOLKATTA – 700 071, HAVING ZONAL OFFICE AT CHENNAI, J V L PLAZA, 3RD FLOOR, NO.626, ANNASALAI, TEYNAMPET, CHENNAI, PIN – 600 018 BY ADV MATHEWS K.PHILIP RESPONDENTS/RESPONDENTS: 1 CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION), OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER, SOUTHERN RAILWAY, 1ST FLOOR, GCDA EASTERN ENTRY TOWER, ERNAKULAM JUNCTION, KERALA, PIN – 682 016 2 CHIEF ENGINEER (CONSTRUCTION), CN/N/ERS, OFFICE OF THE CHIEF ADMINISTRATIVE OFFICER, SOUTHERN RAILWAY, 1ST FLOOR, GCDA EASTERN ENTRY TOWER, ERNAKULAM JUNCTION, KERALA, PIN – 682 016 3 DEPUTY CHIEF ENGINEER, I/CN/N/ERS, OFFICE OF THE DEPUTY CHIEF ENGINEER (CONSTRUCTION), SOUTHERN RAILWAY, 2ND FLOOR, GCDA EASTERN ENTRY TOWER, ERNAKULAM JUNCTION, KERALA, PIN – 682 016 2 O.P.(C) NO.977 OF 2025 2025:KER:29454 4 PUNJAB NATIONAL BANK, PNB LARGE CORPORATE BRANCH, 11 HEMANTA BASU SARANI, 2ND FLOOR, UNITED TOWER, KOLKATA, PIN – 700 001 OTHER PRESENT: SRI. S. BIJU SR CGC, SRI. SANTHEEP ANKARATH, FOR – R4 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 O.P.(C) NO.977 OF 2025 2025:KER:29454 JUDGMENT (Dated: 4th April, 2025) This original petition is filed by M/s. Bridge and Roof Company (India) Limited, for a direction to the Commercial Court, Ernakulam/ Sub Court-I, to number the miscellaneous application filed as Ext.P1 and Ext.P2 interim application. 2. The petitioner is aggrieved by the delay in numbering the miscellaneous application. The petitioner has been awarded a work of re-development of Ernakulam Junction Railway Station on EPC Mode, and the work is being done. He had given a bank guarantee for a sum of Rs.8,99,85,816/- on 06.08.2022, which was valid up to 31.07.2024, and the same has been extended up to 30.09.2025. 3. The case of the petitioner is that the respondents have issued a show cause notice on 20.03.2025 as clause 21.1.2 of Article 21 of the EPC Agreement. Notice was given for terminating the 4 O.P.(C) NO.977 OF 2025 2025:KER:29454 contract within 15 days. Immediately, the petitioner rushed to the Commercial Court and filed MA (Arb.) ....... / 2025, but the same is not numbered. His limited request is that till the Commercial Court numbers the MA (Arb.) ....... / 2025 as well as the interim application, the respondent shall not invoke the bank guarantee. 4. Heard Sri.Mathews K.Philip, learned counsel for the petitioner, Sri. S. Biju, CGC, for respondents 1 to 3 and Sri.Sandeep Ankarath, for the 4th respondent. Taking note of the limited relief sought in this original petition, I direct the Commercial Court, Ernakulam, to number Ext.P1 filed by M/s. Bridge and Roof Company (India) Limited as well as Ext.P2 interim application on or before 09.04.2025. It is made clear that this Court has not gone into the merits of the case or any contentions raised regarding the termination of the agreement, and it is for the Commercial Court, Ernakulam, to decide independently the merits 5 O.P.(C) NO.977 OF 2025 2025:KER:29454 while granting interim order. The Commercial Court, Ernakulam, shall consider the application after numbering, and till such time, the bank guarantee shall not be invoked. The petitioner is permitted to serve notice on the standing counsel for the Railway, and the Court shall consider the same after numbering the application and pass appropriate orders on the interim application before the court closes for summer vacation. Sd/- BASANT BALAJI, JUDGE ss 6 O.P.(C) NO.977 OF 2025 2025:KER:29454 APPENDIX OF OP(C) 977/2025 PETITIONER EXHIBITS Exhibit P 1 EXHIBIT-P1: TRUE COPY OF THE EXTRACT OF THE UNNUMBERED MA ARBITRATION ON THE FILE OF HONOURABLE COMMERCIAL COURT AT ERNAKULAM Exhibit P2 EXHIBIT-P2 : TRUE COPY OF THE EXTRACT OF UNNUMBERED IA UNNUMBERED MA ARBITRATION Exhibit P3 EXHIBIT-P3 : TRUE COPY OF THE E CHALLAN RECEIPT DATED 03.04.2025