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2021 Supreme(Ker) 282

N.NAGARESH
P and C Projects Pvt. Ltd. – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. K.P. Dandapani, Sri. Millu Dandapani, Sri. Rameez Nooyh, Smt. Meera Ramesh, Smt. Bhairavi S.N. and Smt. Fathima K.
For the Respondents: Sri. P. Narayanan, Sri. V.G. Arun, Sri. P.U. Shailajan.

JUDGMENT :

N. NAGARESH, J.

1. The petitioner, a registered Private Limited Company which has entered into Ext.P3 Bilateral Agreement and Ext.P6 Supplemental Agreement with the 3rd respondent, is aggrieved by the termination of those agreements by the 3rd respondent.

2. The petitioner states that the petitioner-Company entered into Ext.P3 agreement with the 3rd respondent for construction of the flagship project of “Cochin Cancer Research Centre, Ernakulam.” The project is funded by the 2nd respondent-Kerala State Infrastructural Investment Fund Board (KIIFB). The 3rd respondent is a Special Purpose Vehicle (SPV) for the Cochin Cancer Center Project, acting on behalf of the 1st respondent-State of Kerala.

3. The petitioner was the successful bidder. The work was awarded for Rs. 87,14,32,492/- on 13.06.2018. Ext.P3 agreement with the SPV was signed on 06.08.2018. The work was to be completed within 730 days. The petitioner started the work on 25.07.2018 and had to complete the work by 23.07.2020. The unprecedented floods in the years 2018 and 2019 and the Covid-19 pandemic of 2020 caused hindrance. These coupled with non-payment of pending bills, labour problems and delay in approval of

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