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HIGH COURT OF KERALA
Sathish Ninan, JOHNSON JOHN, JJ
STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,WATER RESOURCES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM – Appellant
Versus
P.P.THOMAS, GOVERNMENT CONTRACTOR, PALANNATTIL HOUSE, KUNNACKAL P.O., MUVATTUPUZHA – 682 316. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments on responsibility for delays. (Para 7 , 11) |
| 3. court's analysis of breaches and delays. (Para 8 , 9 , 13 , 14 , 15 , 16 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. final order and modifications. (Para 10 , 18) |
| 5. determination of contractual damages and interest. (Para 27 , 28 , 29 , 30 , 31 , 32) |
JUDGMENT
JOHNSON JOHN, J
The appellants are the defendants in O.S. No. 35 of 2005 on the file of the Sub Court, Muvattupuzha.
2. The suit is for declaration and realization of unpaid value of works conducted by the plaintiff. The plaintiff is a Contractor who entered into an agreement with the defendants on 27.11.1995 for the construction of Mulakulam Branch canal from CH.4400 metres to 5650 metres, including cut and cover and cross drainage works. The agreement was executed after the acceptance of the tender on 25.11.1995. The agreement incorporated MDSS as the main part of the contract with the PWD Schedule of Rates of 1992.
3. As per the agreement, Rs.3,69,72,007/- was the probable amount of contract and the time fixed for performance was 12 months. Even though, the plaintiff made necessary arra
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