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2019 Supreme(Mad) 1520

M.V.MURALIDARAN
National Highways Authority of India – Appellant
Versus
Mukesh & Associates rep. By its Managing Partner, D. Manojkumar – Respondent


Advocates Appeared:
For the Appellants : Mr. Richard Wilson for M/s.P.Wilson Associates.
For the Respondent: Mr. R. Parthasarathy.

JUDGMENT :

Calling in question the order dated 15.4.2015 made in A.O.P.No.262 of 2014 passed by the learned Principal District Judge, Salem, the present appeal has been filed.

2. Succinctly put, the facts leading to the filing of the present appeal are as under: The appellants - National Highways Authority of India (NHAI) are involved in the development, maintenance and management of National Highways, while the respondent is a partnership firm engaged in Civil, Architectural Consultancy and other related works.

3. The respondent was awarded the contract of consultancy for 4 laning of Km 180/000 to Km 199/200 on Thumbipadi – Salem Section on NH-7 in the State of Tamil Nadu – package No.NS-26/TN by the appellants on 9.8.2001 and the appellants and the respondent entered into a Consultancy Agreement on 9.8.2001 itself. It is stated that as per the agreement, the respondent was required to render consultancy services for the above said project, which was awarded by the respondents to one contractor.

4. It is stated that the project for which the Consultancy Agreement was entered into between the parties was completed by the contractor way back in 2009 and after completion of the work, the

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