M/S. TRANSSTROY NORTH CARGO BERTH III PORT PRIVATE LIMITED, H.NO.8 Vs. THE BOARD OF TRUSTEES, V.O. CHIDAMBARANAR PORT TRUST, TUTICORIN, REPRESENTED BY ITS CHAIRMAN TUTICORIN AND OTHERS

JUDGEMENT

(1.) In all these three Writ Petitions, the Petitioner, who is one and the same, is seeking for a Writ of Mandamus directing the respondents to refund the forfeited Performance Guarantee furnished by the Petitioner/Company along with interest.

(2.) According to the Petitioner, such forfeiture was illegal and the respondents/Port Trust is not entitled to do so when they themselves have defaulted in performing their part of the conditions of the Concession Agreement entered between the parties.

(3.) Heard Mr. V. Raghavachari, learned counsel for the Petitioner and perused the materials placed before this Court.