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2021 Supreme(Ker) 241

P.V.ASHA
M. V. Viswanathan, S/o. Velayudhan Pillai – Appellant
Versus
Kerala Water Authority, Represented by its Managing Director – Respondent


Advocates Appeared:
For the Petitioner: Sri. B. Ashok Shenoy, Smt. C.G. Preetha, Sri. P.S. Gireesh, Sri. Riyal Devassy.
For the Respondent: Sri. Bijily Joseph, Sri. P. Benjamin Paul, SC.

JUDGMENT :

Petitioner challenges Ext.P10 cancellation of award of work. Based on Ext.P1 notice inviting tender for execution of the civil works of "Supplying, Laying, Jointing, Testing and Commissioning of 1422 mm MS pipe 12.5 mm thick clear water gravity main from 120 mid Water Treatment Plant at Neyyar Dam site to PTP Nagar GLSR and allied works, petitioner submitted his bid after forming a joint Venture as Annai Infra-M V Viswanathan-JV and became LI. It is stated that Ext.P4 selection notice was issued on 21.01.2021. According to petitioner he had submitted Exts.P5 to P8 letters to the respondents seeking extension of time for execution of agreement and payment of performance guarantee in accordance with Ext.P4. Petitioner also points out that in view of the election notification, it was not possible to execute the agreement.

2. Learned Standing Counsel points out that as per the selection notice Ext.P4 petitioner ought to have executed the agreement within a period of two weeks. Apart from that, he had to remit the performance guarantee. But the petitioner did not turn up even after several notices were issued.

3. In Ext.P10 order cancelling the contract itself, it is seen that t

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