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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K. JAYASANKARAN NAMBIAR, SYAM KUMAR V.M.
Indian Space Research Organization (ISRO) – Appellant
Versus
Roopam Engineers and Contractors Private Limited – Respondent
| Table of Content |
|---|
| 1. details of contract execution and delays. (Para 2 , 3) |
| 2. claim for price escalation due to delays. (Para 4 , 5) |
| 3. arguments regarding contract applicability. (Para 7 , 8) |
| 4. court rejects appeal; affirms lower court's decision. (Para 9 , 10 , 11 , 12) |
JUDGMENT :
A.K. JAYASANKARAN NAMBIAR, J.
1. The respondents 1 to 4 in W.P.(C).No.17515 of 2022 are the appellants before us aggrieved by the judgment dated 09.12.2022 of the learned Single Judge in the writ petition.
2. The brief facts necessary for disposal of this Writ Appeal are as follows:
The 1st appellant is a Government of India organisation for promoting the development and application of Space Science and Technology. It had invited tenders for establishment of a Mechanical Testing Research Laboratory for Propulsion Systems – Liquid Propulsion Systems Centre [LPSC] at Valiyamala, Thiruvananthapuram. Ext.P1 notice of tender was issued on 04.05.2019 and the period of completion of the work was stipulated as 12 months. The minimum validity of the tender was 120 days from the last date of receipt of tender. On account of a delay in technical evaluation and approval for opening of a price bid, the respondent/writ petit
A contract's timelines affected by mutual agreements for delays allow claims for price escalation under applicable clauses, establishing equity in contractual relations with state entities.
The court emphasized the importance of contractual terms, specifically the price variation clause, in justifying the termination of a work order and rejected the petitioner's claim of the global incr....
The suit was within limitation as the cause of action accrued upon the non-payment of the final bill, and not completing the price escalation calculations per the contract terms invalidated the defen....
The existence of an arbitration clause in the agreement does not ipso facto render a writ petition not maintainable. The High Court may still exercise its writ jurisdiction in exceptional circumstanc....
The main legal point established in the judgment is the entitlement of the petitioner to escalation cost under the contractual provision of Clause-32(a)(b)(c) despite the submission of a 'no claim ce....
Termination of Contract - Execution/completion of project - Learned Single Judge has rightly come to conclusion that there is no arbitrariness on part of respondents in terminating contract as they h....
(1) Disputes arising out of purely contractual obligations cannot be entertained by High Court in exercise of extra-ordinary writ jurisdiction.(2) A wrong doer ought not to be permitted to make profi....
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