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2022 Supreme(Online)(Ker) 75956

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. B. Suresh Kumar, C.S. Sudha, JJ
THE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION – Appellant
Versus
SHAJI V.K – Respondent


Advocates:
For the Appellants/Petitioners: T.V.AJAYAKUMAR
For the Respondents: MOHAMMED SALAHUDHEEN, S.SREEKUMAR

JUDGMENT

P.B.Suresh Kumar, J.

This arbitration appeal is directed against the order dated 4.3.2020 in Arbitration Original Petition No.75 of 2019 on the file of the Additional District Court-V, Palakkad. The appellant, hereinafter called “the Corporation”, was the petitioner in the said proceedings. The subject matter of the proceedings was an arbitral award obtained by the respondent, hereinafter called “the Contractor”, in connection with a works contract awarded to him by the Corporation.

2. The Corporation entered into a contract on1.9.2011 with the Contractor for setting up an ofÏce for the Corporation at Kozhikode. The work involved in the contract included civil work, partitioning, cabin separation, panelling, supply of modular furniture and kitchen, plumbing, wiring, cabling, air conditioning etc. In terms of the contract, the Contractor was to be paid Rs.49,50,000/- by the Corporation for the work. While the Contractor asserts that the work has been completed, the Corporation maintains that the work has not been completed. The Contractor, however, concedes that the work has not been completed on time. According to him, the work could not be completed on time due to the delay

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