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Judgment
SOUMEN SEN, C.J.
Heard Mr. J. Julian Xavier, learned counsel for the appellant and Ms. Vinitha B., learned Senior Government Pleader.
This appeal is preferred against an interim order whereby the learned Single Judge granted liberty to the writ appellant to furnish performance guarantee within a period of one week from the date of receipt of the impugned order, failing which the respondents were permitted to rearrange the work by initiating appropriate proceedings.
The learned counsel for the appellant submits that there is a recommendation from the Assistant Executive Engineer regarding extension of time. However, on a plain reading of the contents of the said communication, it does not appear to be a recommendation, but merely a forwarding letter addressed to the competent authority for taking a decision on the request made by the writ appellant. We have been informed that the competent authority has not yet taken any decision with regard to the letter dated 30.07.2025. The pendency of the writ petition was not intended to prevent the competent authority from taking a decision with regard to the extension of time. However, at this stage, we are not inclined to interfere with the impugned order passed by the learned Single Judge. The time for furnishing the performance guarantee is accordingly extended by two weeks from today. In the event of default, the directions contained in the impugned order regarding initiation of appropriate proceedings shall revive. Meanwhile, the legitimate dues of the appellant shall also be settled and released.
The learned counsel for the appellant submitted that the appellant is in a position to complete the work within a period of two weeks from today. While considering the application for extension of time, the competent authority shall take this submission into account and take appropriate steps accordingly.
The Writ Appeal is disposed of accordingly.
