JUDGMENT :

1. The Petitioner is a private limited company engaged in undertaking contracts. The Petitioner was awarded a contract work by the name – “Civil and Electrical Works for Developing CUSAT into International Centre of Excellence in Academic and Research-Package I, Main Campus” by the 1st respondent for an amount of Rs.62,58,31,218/-. Ext.P5 is the Contract dt 05.09.2019 executed between the petitioner and the 1st respondent. The 2nd respondent is the Consultant/Engineer in respect of the work. The petitioner is referred to as 'the contractor' and the 1st respondent is referred to as 'the employer' in the Ext.P5 contract. It is clear from Ext.P5 that KIIFB is the Funding Agency for the work. As per Clause 4(iii) of Ext.P5 FIDIC (Federation Internationale Des Ingenieurs Conseils) Conditions of Contract for Works of Civil Engineering Construction are the General Conditions of the Contract.

2. The petitioner has filed this writ petition challenging Ext.P37 Show Cause Notice dt 11.06.2021 issued by the 1st respondent invoking Clause 63.1 of the FIDIC Conditions of Contract and Ext.P36 Recommendation of the 2nd respondent to the 1st respondent to terminate the contract. Accordin