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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM
Crezin Infra LLP – Appellant
Versus
State Of Kerala Rep. By The Secretary To The Government, Public Works Department – Respondent
| Table of Content |
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| 1. details of the contract and its execution timeline. (Para 2) |
JUDGMENT :
Viju Abraham, J.
The above writ petition is filed challenging Exts.P4 and P9 and for other consequential reliefs.
2. Brief facts necessary for the disposal of the writ petition are as follows: Petitioner, a Limited Liability Partnership, was awarded a contract by the respondents for "FD work-2018-19 Flood rectification works to Chiyyaram Convent Road from ch.2/150 to ch.3/000, providing BM & BC (Balance Works)" on issuing Letter of Acceptance dated 24.01.2022 for works valued Rs.79,95,465.20, sent by registered post on 28.01.2022, directing to furnish security deposit of Rs.3,99,800/- and additional performance guarantee for Rs.7,66,300/-, to execute an agreement for carrying out the works, within 14 days of registration of the same. The copy of the said letter of acceptance, dated 24.01.2022, and the postal cover are produced as Ext.P1. The specific case of the petitioner is that the period of 14 days stipulated is to be reckoned from 28.01.2022 since the postal application was registered on 28.01.2022, and the said time limit will expire only on 11.02.2022. But, the 3rd respondent has sent Ext.
Time limits in contracts must exclude the first day when calculating execution periods, following relevant legislative guidelines.
The performance guarantee must be calculated by excluding the starting date from the timeline, validating the contract and reversing its termination.
The main legal point established in the judgment is the application of the General Clauses Act, 1897, Section 9, in excluding the day of the date when calculating the period for performing an act fro....
The main legal point established in the judgment is the importance of adhering to the terms and conditions of the tender notice in commercial transactions, and the court's interpretation of the Gener....
Tender - Agreement - Notice - Cancellation of award of work - When petitioner has not executed any agreement on receipt of selection notice within time and extended time, court do not find anything w....
Contract termination invalid due to delayed, uncommunicated extension order despite genuine delay reasons; extension granted to original contractor.
(1) Constitutional courts must defer appreciation of tender documents by employer unless there is mala fide or perversity in understanding or appreciation.(2) Tendering authority cannot be expected t....
The Model Code of Conduct does not permit new projects unless specific conditions are met, including contractual obligations within a defined timeframe.
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