WP(C) NO. 46444 OF 2024 1 2025:KER:29847 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. 46444 OF 2024 PETITIONER: TUAMAN ENGINEERING LIMITED AGED 67 YEARS FORTUNA TOWERS, 8TH FLOOR, 23A, NETAJI SUBHAS ROAD, SUIT-16, KOLKATA REPRESENTED BY THE RESIDENT CONSTRUCTION MANAGER, KURIAKOSE V.M. IN THE REGIONAL OFFICE AT KOCHI, PIN – 700001 BY ADVS. SRI.RANJAN BABU JOSEPH SMT.SANTHA VARGHESE SRI.GEO KENNEDY K. SRI.K.L.VARGHESE (SR.) SRI.RAHUL VARGHESE(K/000851/2010) SRI.RANJITH VARGHESE(K/000852/2010) RESPONDENTS: 1 THE FERTILISERS AND CHEMICALS TRAVANCORE LTD. (FACT), REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR ELOOR, UDYOGAMANDAL, KOCHI, PIN – 683501 2 THE FACT ENGINEERING AND DESIGN ORGANISATION (FEDO), REPRESENTED BY THE RESIDENT CONSTRUCTION MANAGER ELOOR METHANAM FERRY ROAD, COMPANYPADI, UDYOGAMANDAL, KOCHI, PIN – 683501 WP(C) NO. 46444 OF 2024 2 2025:KER:29847 3 HDFC BANK LTD 88 CHOWRINGHEE ROAD, 1ST FLOOR, NEXT TO PC CHANDRA JEWLLERS, KOLKATA, WEST BANGAL, PIN - 700020 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI(K/413/1984) SRI.JOSON MANAVALAN(J-526) SRI.KURYAN THOMAS(K/131/2003) SRI.PAULOSE C. ABRAHAM(MAH/58/2006) SRI.RAJA KANNAN(K/356/2008) SRI.DINESH, DSGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 46444 OF 2024 3 2025:KER:29847 JUDGMENT Dated this the 07th day of April, 2025 The writ petition is filed, inter alia, to direct the respondents to pave way for the petitioner to complete the subject work by affording all facilities. 2. Today, when the writ petition was taken up for consideration, the learned Senior Counsel appearing for the petitioner submitted that, during the pendency of the writ petition, by order dated 28.03.2025 in AR.No.30/2025, this Court has appointed a sole Arbitrator, to adjudicate the disputes between the parties. Therefore, this writ petition can be closed, by reserving the right of the petitioner to move the Arbitrator under Section 17 of the Arbitration and Conciliation Act, 1996, for interim reliefs. Nonetheless, the interim order dated 27.12.2024 passed by this Court in the writ petition may be kept intact for at least two WP(C) NO. 46444 OF 2024 4 2025:KER:29847 months, to enable the petitioner to work out its remedies, in accordance with law. 3. On a consideration of the facts and the materials on record and the submission made by the learned Senior Counsel for the petitioner, which I find is reasonable and justifiable and it would give quietus to the writ petition, I am inclined to allow the present request. In the result, the writ petition is disposed of, by permitting the petitioner to move the Arbitrator for an interim relief. The interim order dated 27.12.2024, shall continue to remain in force for a period of six weeks from today. The petitioner shall keep the bank guarantees alive for a period of eight weeks and thereafter, as per the orders to be passed by the learned Arbitrator. The writ petition is ordered accordingly. Sd/- C.S.DIAS JUDGE NAB WP(C) NO. 46444 OF 2024 5 2025:KER:29847 APPENDIX OF WP(C) 46444/2024 PETITIONER EXHIBITS EXHIBIT - P1 TRUE COPY OF WORK ORDER BEARING NO. 4800014487 DT. 12.02.2021 EXHIBIT - P2 TRUE COPY OF THE MINUTES OF MEETING DATED 27.05.2021 EXHIBIT - P3 TRUE COPY OF THE MINUTES OF MEETING DATED 25.06.2021 EXHIBIT P4 TRUE COPY OF LETTER DT. 15.07.2021 ISSUED BY THE PETITIONER EXHIBIT P5 TRUE COPY OF THE SAID LETTER DATED 09.08.2021 ISSUED BY THE PETITIONER EXHIBIT P6 TRUE COPY OF THE SAID LETTER DATED 11.08.2021 ISSUED BY THE PETITIONER EXHIBIT P7 TRUE COPY OF SAID LETTER DT. 24.08.2021 ISSUED BY THE PETITIONER EXHIBIT P8 TRUE COPY OF E-MAIL DT. 07.11.2022 ISSUED BY PETITIONER ALONG WITHT HE STATEMENT OF RATES EXHIBIT P9 TRUE COPY OF THE MESSAGE SENT BY E-MAIL DT. 07.11.2022 EXHIBIT P10 TRUE COPY OF THE LETTER DT. 24.01.2023 ISSUED BY THE PETITIONER EXHIBIT P11 TRUE COPY OF LETTER DT. 12.05.2023 ISSUED BY THE PETITIONER EXHIBIT P12 TRUE COPY LETTER DT. 17.05.2023 ISSUED BY THE PETITIONER EXHIBIT P-13 TRUE COPY OF LETTER DT. 14.06.2023 ISSUED BY PETITIONER EXHIBIT P-14. TRUE COPY OF THE SAID LETTER DT. 27.07.2024 ISSUED BY PETITIONER WP(C) NO. 46444 OF 2024 6 2025:KER:29847 EXHIBIT - P15 TRUE COPY OF THE SAID LETTER DATED 13.05.2024 ISSUED BY PETITIONER EXHIBIT - P16 TRUE COPY OF THE LAWYER'S NOTICE DT. 03.09.2024 EXHIBIT - P17 TRUE COPY OF THE MINUTES OF MEETING DT. 24.09.2024 EXHIBIT - P18 TRUE COPY OF LETTER DATED 08.11.2024 ADDRESSED TO THE RESIDENT CONSTRUCTION MANAGER OF FEDO EXHIBIT - P19 TRUE COPY OF THE LETTER DT. 11.11.2024 ISSUED BY THE 1ST RESPONDENT EXHIBIT - P20 TRUE COPY OF THE LETTER DT. 19.11.2024 ISSUED BY THE PETITIONER EXHIBIT - P21 TRUE COPY OF THE MINUTES OF MEETING DT. 25.11.2024 EXHIBIT P22 TRUE COPY OF LETTER DT. 26.11.2024 ISSUED BY THE 1ST RESPONDENT EXHIBIT P23 TRUE COPY OF THE MESSAGE CONTAINING MINUTES OF MEETING DT. 25.11.2024 EXHIBIT - P24 TRUE COPY OF THE LETTER DT. 03.12.2024 ISSUED BY PETITIONER EXHIBIT P25 TRUE COPY OF THE MESSAGE DT. 06.12.2024 ISSUED BY THE 1ST RESPONDENT EXHIBIT P26 TRUE COPY OF THE LETTER DT. 30.11.2024 ISSUED EXHIBIT P27 TRUE COPY OF THE LETTER DT. 10.12.2024 ISSUED BY THE PETITIONER EXHIBIT P28 TRUE COPY OF THE LETTER DT. 11.12.2024 EXHIBIT P29 TRUE COPY OF THE LETTER SENT BY EMAIL DT. 11.12.2024 EXHIBIT - P30 TRUE COPY OF THE LETTER DT. 12.12.2024 ISSUED BY THE PETITIONER WP(C) NO. 46444 OF 2024 7 2025:KER:29847 EXHIBIT - P31 TRUE COPY OF LETTER DT. 21.12.2024 ISSUED BY THE 1ST RESPONDENT EXHIBIT P32 TRUE COPY OF THE ORIGINAL BANK GUARANTEE ISSUED BY HDFC BANK, KOLKATA BRANCH ALONG WITH RENEWAL UPTO 31.03.2026 EXHIBIT - P33 TRUE COPY OF THE JUDGMENT DT. 20.06.2024 IN WP(C) NO. 2140 OF 2024 OF THE HON'BLE HIGH COURT OF KERALA RESPONDENT EXHIBITS EXHIBIT R1 (a) TRUE COPY OF THE LEGAL NOTICE DATED 30.12.2024 ISSUED BY THE COUNSEL FOR THE PETITIONER EXHIBIT R1 (b) TRUE COPY OF THE RELEVANT PAGES OF THE SPECIAL CONDITIONS OF CONTRACT IN THE TENDER FOR CONSTRUCTION OF ADDITIONAL PHOSPHORIC ACID STORAGE TANKS AT W10 BERTH, WI DATED NIL PETITIONER EXHIBITS ADDL. EXHIBIT P-34 TRUE COPY OF LETTER DT. 24.01.2025 ISSUED BY THE RESPONDENT ADDL. EXHIBIT P-35 TRUE COPY OF LAWYERS NOTICE DT. 07.02.2025 ISSUED BY THE PETITIONER ADDL. EXHIBIT P36 TRUE COPY OF THE EMAIL DT. 18.11.2021 ADDL. EXHIBIT P37 TRUE COPY OF THE EMAIL DT. 28.04.2023 ADDL. EXHIBIT P38 TRUE COPY OF THE EMAIL DT. 08.05.2023 ADDL. EXHIBIT P39 TRUE COPY OF LETTER DT. 18.02.2022 ADDL. EXHIBIT P40 TRUE COPY OF THE ABSTRACT RA BILL NO.3 DATED 23.08.2021 CERTIFIED BY THE AUTHORIZED OFFICER OF THE 2ND RESPONDENT ADDL. EXHIBIT P-41 TRUE COPY OF THE JUDGMENT DT. 24.03.2025 IN WP(C) NO. 29060 OF 2024