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1989 Supreme(SC) 503

SABYASACHI MUKHARJEE, B.C.RAY
K. V. George – Appellant
Versus
Secretary To Government, Water And Power Department, Trivandrum – Respondent


Advocates:
K.N.BHATT, M.M.ABDUL KHADER, Mukul Mudgal, T.T.KUNHIKANNAN

JUDGMENT

RAY, J.:- Special leave granted.

2. These appeals on special leave have been filed by the contractor, K. V. George against the judgment and order passed on 10th April, 1987 by the Kerala High Court in M.F.A. Nos. 291 and 304 of 1982 whereby the High Court set aside the judgment of the Sub-Court, Trivandrum in O. P. (Arb.) No. 296 of 1981 as also the award of the Arbitrator in A.C. No, 276 of 1980 and directed that the Arbitrator will dispose of the arbitration case No. 132 of 1980 in the light of the judgment of the Sub-Court in O.P. (Arb.) No. 81 of 1981 in accordance with law considering the claim of the contractor-appellant and the counter-claim of the respondents.

3. The appellant who is a contractor entered into a contract with the respondents on April 22, 1978 in connection with the construction of an embankment across Musaliyar Padom between Chaniage 2573.5M to 2827M of E.B. Main canal of Kallada Irrigation Project. The work was required to be completed by 30th March, 1980 i.e. two years from the date of selection notice which was dated 30th March, 1978. As the appellant failed to complete the work as per the terms of the contract, the respondents sent a notice dated A


























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