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2024 Supreme(Ker) 1054

A. MUHAMED MUSTAQUE, S. MANU
KERALA STATE ELECTRICITY BOARD – Appellant
Versus
ALANKAR CONSTRUCTION COMPANY – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B. PREMOD.
For the Respondent: C.S. AJITH PRAKASH.

JUDGMENT :

S. MANU, J.

1. Appellants are the respondents in W.P. (C) No. 19299 of 2021. The respondent herein approached this Court by filing the writ petition praying mainly for a direction to the 2nd appellant to calculate, sanction and disburse the amount as per the Adjudicator's decision with respect to the disputes notified as per claim (m) and (n) in Ext.P7 and decided by the Adjudicator by Ext.P12 within a time frame and for interest on the said amount.

2. The petitioner, a partnership firm engaged in civil construction works was awarded with a work by the Kerala State Electricity Board Limited (KSEBL). Name of the work is “DRIP-Idukki Hydro Electric Project-Rehabilitation including remedial measures and basic facilities- improvement of approach roads to Idukki and Cheruthoni Dam - (Part-II works)”. Agreement was executed on 16.6.2016. The agreement contains an adjudication clause. As per the said clause if the parties to the contract notified a dispute, same shall be referred to an Adjudicator at the first instance. Whenever the Adjudicator takes decisions, either party may refer the decision of the Adjudicator for arbitration within 28 days of the Adjudicator's decision. If n

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