LAWS(KER)-2019-11-188

MARYMATHA INFRASTRUCTURE (PVT.) LTD. Vs. SUPERINTENDENT OF POLICE

Decided On November 22, 2019
Marymatha Infrastructure (Pvt.) Ltd. Appellant
V/S
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) The petitioners formed a consortium and executed a work of the second respondent as sub- contractors in terms of an arrangement entered into between the petitioners, the second respondent and the third respondent. The amounts payable to the petitioners for the portion of the work executed by them in terms of the arrangement was agreed mutually between the parties, to be disbursed through an escrow account maintained at the fourth respondent Bank. Ext.P7 is the escrow agreement entered into between the petitioners, the third respondent and the fourth respondent bank. It is stated by the petitioners that though they have executed the work entrusted to them satisfactorily and the amounts payable to them has been transferred to the escrow account by the third respondent, they are not permitted to operate the escrow account by the fourth respondent bank in the light of Ext.P9 communication issued by the first respondent. According to the petitioners, Ext.P9 communication has nothing to do with the work that was executed by the petitioners under the third respondent and the same shall not, therefore, be an impediment for the operation of escrow account. The petitioners, therefore, seek appropriate directions in this regard in the writ petition.

(2.) The fact that Rs.3,54,83,420.93 now lying in the escrow account is the amount payable to the petitioners is not disputed by anyone including the fourth respondent. Likewise, the fact that the fourth respondent is not permitting operation of the escrow account on account of Ext.P9 communication of the first respondent is also not disputed.

(3.) The fact that it is due to Ext.P9 communication issued by the first respondent that the petitioners are not permitted to operate the escrow account is also not in dispute. Ext.P9 communication of the first respondent reads thus :-