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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice P. VELMURUGAN
Thiru.P.Janakiraman, Civil Engineering Contractor – Appellant
Versus
Government of Tamil Nadu – Respondent
JUDGMENT :
Pleadings in C.S.No.817 of 2012:
Plaint averments:
The plaintiff is engaged in the business of undertaking contracts for laying of roads, construction of bridges, culverts and other allied civil works. The plaintiff is a Class-I contractor in the Highways Department, State Level in the State of Tamil Nadu and has executed several Government works for Highways and other Department's road works.
2. The Department is the Government of Tamil Nadu, represented by the Superintending Engineer, Highways, Chennai Metropolitan Development Plan Circle, Anna Salai, Nandanam, Chennai-600 035 and the Divisional Engineer, Highways, Chennai Metropolitan Development Plan, Division-1, Guindy, Chennai-600 032.
3. The Chief Engineer, Highways, METRO, Alandur, Chennai-600 016, had invited tenders for the work of widening two lane to four lane and strengthening of Mount- Madipakkam Road, K.M.1/6--3/0". The plaintiff in his usual course of business, submitted his tender for the above work on 15.04.2008, while evaluating the tenders by the Chief Engineer, Highways, Metro, Chennai-600 016. The plaintiff was found to be the lower tenderer among others. The Chief Engineer, Highways, Metro, Chennai, had
Contractors cannot claim damages for delays caused by their own inaction or failure to meet contractual obligations, even if land acquisition delays occur.
Breach of contract occurs when one party fails to perform their contractual obligations, enabling the other party to terminate the agreement.
The court upheld the binding nature of the contract, ruling that the Plaintiff's claims were untenable due to failure to exercise contractual options and were barred by limitation.
Point of law: When the appeal is presented in terms of Section 96 CPC and when this Court is considering this appeal not only as a last Court of fact but also in terms of law, it is open for the appe....
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