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2021 Supreme(Ker) 1063

P.B.SURESH KUMAR, C.S.SUDHA
State of Kerala, Represented By The Secretary To Government, Water Resources Department – Appellant
Versus
K. N. Madhusoodanan Contractor, Sree Niketan, Kalanjoor – Respondent


Advocates:
Advocate Appeared
For the Respondent: Sri.Nidhi Balachandran, Sri.Sabu George, Sri.V.K.Sunil,Sr.Gp.

JUDGMENT :

C.S. Sudha, J.

1. If the certificate of completion of work is not issued by the Officers of the Department concerned due to an inadvertent or deliberate omission, would that mean that the period of limitation for seeking a reference to arbitration extend indefinitely, is the question interaliaposed by the learned Government Pleader appearing for the appellants in this case. The appellants herein are the appellants before the court below and the respondents in the arbitration proceedings initiated by the sole respondent herein/claimant/contractor. The parties will be referred to as described in the proceedings before the Arbitrator.

2. The claimant/contractor and the respondents/State of Kerala entered into a contract for the work of 'K.I. & T.C.D.P.-L.B.C.-formation of Kottiyam Branch Canal between Ch.4050M to 6486 M. including C.D.works'. An agreement dated 31.07.1987 was entered into between the claimant/contractor and the respondents/State relating to the execution of the aforesaid work. The accepted probable amount of the work was Rs.29,45,790/-. The period for completion of work was fixed as 11 months from the date of the order to proceed with the work, which order was

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