JUDGMENT

Arijit Pasayat, J. — Challenge in these appeals is to the judgment of a Division Bench of the Kerala High Court holding that quantification of damages done and demanded from the respondent No.1 cannot be legally sustained and accordingly they were set aside. The writ petition was directed to be placed before the Division Bench by a learned Single Judge. But the question referred by learned Single Judge i.e. question of limitation was left open to be adjudicated by the appropriate authority in accordance with law.

2. The background facts in a nutshell are as follows:-

The respondent No.1 had entered into Ext. P1 agreement with the appellant-Kerala State Science and Technology, Thiruvananthapuram which is a society registered under the Travancore Cochin Literary and Scientific Societies Registration Act, 1995, on 16.05.1988 for the construction of planetarium building of the Kerala State Science and Technology Museum and allied Civil Works. Dispute having arisen between the parties the agreement came to be terminated by Ext. P2 termination notice dated 03.11.1989 issued by the appellant. Ext. P2 was followed by Ext. R1(c) letter from the managing Partner of the respondent No.