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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI
MJD Construction and Engineering Contractors (P) Limited – Appellant
Versus
Chief Engineer, National Highways, Chennai – Respondent
| Table of Content |
|---|
| 1. writ petition filed to quash completion certificate (Para 1 , 2) |
| 2. petitioner’s entitlement to maintain road (Para 3) |
| 3. defense about completion of work (Para 4) |
| 4. examination of contractual obligations and delay attributions. (Para 5) |
| 5. impact of respondent's actions on work completion (Para 6) |
| 6. court quashes impugned certificate (Para 7) |
| 7. writ petition partly allowed (Para 8) |
ORDER :
1. This writ petition has been filed to quash the consolidated completion certificate dated 14.07.2022 issued by the third respondent and consequently directing the third respondent to issue work completion certificate with respective work completed dated i.e., 09.11.2020 and 27.02.2022.
2. The claim of the petitioner is that under the Annual Plan 2018-19, the work of strengthening in Km 599/0-633/0 in selected stretches of NH-47 including the widening of existing two lane at Km 625/0 - 626/2 into double Lane with paved shoulders of NH47 in the State of Tamil Nadu on Engineering, Procurement & Construction on EPC mode was awarded to the petitioner as per agreement dated 11.11.2019 and the appointment date was fixed on 20.11.2019. As per the agreement between the petitioner as well a
A contractor's maintenance obligations should correspond with completion dates of respective project phases, penalizing the contractor for delays caused by the client is unwarranted.
Contract law requires that any claimed losses be substantiated with proof and processed according to natural justice.
A notice demanding completion of contractual work must consider prior recommendations, and failure to do so warrants judicial intervention and an opportunity for the contractor to be heard.
The court emphasized the necessity for proper consideration of completed public contract work while not adjudicating claims or rights at this stage.
The competent authority's certification should adhere to the requirements of the contract clause, and additional information in a certificate should be considered superfluous. Observations in a perfo....
The court emphasizes the duty of governmental bodies to ensure timely completion of public works as stipulated in contracts, reinforcing the right to enforce performance through writs of mandamus.
Contract and Specific Relief – Jurisdiction - There is no cause of action and matter may be appropriately referred to appropriate forum as there is arbitral agreement between parties to address all i....
Contractors must fulfill obligations under signed agreements regardless of subsequent site conditions unless formal amendments are made to the contract.
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