Builders Association Of India vs State Of Kerala And Ors

The writ petition was filed seeking the following reliefs:

“i) Issue of writ of mandamus or any other appropriate writ order or direction commanding the respondent to issue necessary

notification extending the benefits covered by Ext.P3 to the contracts executed between state government/its various departments and

corporations/ companies.

ii) Issue a writ of mandamus or any other appropriate writ order or direction commanding the respondent to take up consider and pass

orders in Ext.P9 and Ext.P10 within a time frame to be fixed by this hon'ble Court.

iii) Grant such other order as this Hon'ble court deems fit and necessary in the facts and circumstance of the case.â€​

During the pendency of the writ petition, Government issued various orders initially Annexure R2(a), and thereafter Ext.P11 produced along with

I.A.No.1/2021. The said order reads as follows in paragraph 4:

“4. Government have examined the matter in detail and are pleased to order as follows:

1) Performance Security/Security Deposit to be submitted at the time of executing the agreement is reduced from the existing rate of 5% to

3% of the contract amount.

2) Correspondingly Bid Security/ Earnest Money Deposit is reduced from 2.50% to 1.50% of the estimated amount.

3) Additional Performance Guarantee is waived for the low quoted items on the condition that the bidder shall furnish an undertaking to

execute all low quoted items in full as per contract terms.â€​

The learned counsel for the petitioner submits that Ext.P11 order shall be made applicable to all the work and agreements executed on or after

13.05.2020. A reading of Ext.P11 would show that the said order is applicable only to the new tenders as well as works which have been tendered

and awarded but agreements have not been signed by the winning bidder. In case, petitioner seeks any relief over and above what is provided in

Ext.P11, petitioner will have to challenge the same.

The writ petition is disposed of recording the issuance of Ext.P11 order. Petitioner would be at liberty to challenge the same, in case he is advised so.