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2025 Supreme(Online)(KER) 13002

HIGH COURT OF KERALA
BASANT BALAJI, J
M.I. Mohammed – Appellant
Versus
M/S. HLL LIFE CARE LTD. – Respondent


Advocates:
K.BABU THOMAS, MARYKUTTY BABU, DRISYA DILEEP, AJU MATHEW, NIKHILESH KRISHNAN, ABU MATHEW

JUDGMENT :

This original petition is filed against Ext P12 order dated 29.11.2023 in A.O.P. No.127/2021, on the files of the Principal Sub Court, Ernakulam. The petitioner herein is the respondent in the Arbitration proceedings.

2. The petitioner and respondents entered into a contract on agreement dated 31/07/2013, for the construction of a Multidisciplinary Research Laboratory and Animal House at Medical College, Thiruvananthapuram, valued at Rs. 23,90,36,760/-. The contract stipulated an 18-month completion period, ending on 02/06/2015. However, the project was not completed until 15/05/2018. The petitioner has initiated arbitration proceedings, claiming that the respondents' delays were the sole cause of the extended project timeline.

3. With the contract's expiry on 02/06/2015, the contractual rates became unenforceable. Subsequently, on 31/12/2015, the petitioner formally notified the respondents, demanding for payment at prevailing market rates for the work extended beyond the contract period, due to the respondents' delays. The respondents, while compelling the petitioner to complete the project, contested the petitioner's entitlement to market rates. The respondents' default

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