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1997 Supreme(Ker) 34

D.SREEDEVI, P.A.MOHAMMAD
STATE OF KERALA – Appellant
Versus
P. N. SIVAN PILLAI – Respondent


Advocates appeared:
Sh. K. Raghu, Govt. Pleader, for the Appellants.
Sh. N. Sukumaran & N. K. Karnis Advocates, for the Respondent.

JUDGMENT

P. A. Mohammed - This appeal is filed by the respondents against the judgment and decree in O.P. (Arb.) No. 24 of 1985 of the Sub-Court, Thodupuzha. The respondent in the appeal is the contractor who had undertaken the 'work of improvements of Thoudupuzha - Volambannoor Road, Parts II and III balance work under contract agreement No. 29/EE/79-80 dated 22-6-1979). The respondent failed to complete the work within the stipulated period. Therefore, the contract was terminated on the risk md cost of the contractor on 6-3-1982. Later, the supplemental agreements were executed whereby the period of completion was extended on the specific undertaking that the work would be carried out at the original rate as per the original agreement, Later, certain disputes were raised by the respondent and those disputes were referred to the Chief Engineer (Arbitration) for adjudication. After the enquiry, an award was passed by the arbitrator on 21-8-1986 and the same was notified to the parties. The original award and connected documents were produced in Court. The respondent filed an application, I.A. No. 1321 of 1986, before the court below praying for passing a judgment and decree in term











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