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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
KERALA STATE ELECTRICITY BOARD – Appellant
Versus
M/S.PAILY PILLAI & SONS ENGINEERS AND CONTRACTORS – Respondent
| Table of Content |
|---|
| 1. context of project and contractual obligations. (Para 2 , 3) |
| 2. analysis of contractual disputes leading to the appeal. (Para 4 , 10) |
| 3. court's assessment of evidence and arguments. (Para 5 , 6 , 22) |
| 4. court observations on legal obligations. (Para 7 , 13 , 18) |
| 5. understanding on limitation and re-evaluation of claims. (Para 8 , 9) |
| 6. decision-making process around mutuality in accounts. (Para 12 , 19) |
| 7. conclusion and resultant dismissal of the suit. (Para 20 , 24) |
| 8. final judgment and dismissal. (Para 25) |
JUDGMENT
Dated : 14th October, 2025
Defendants 1 and 2 in O.S. 144/1997 on the file of the Sub Court, Muvattupuzha are the appellants. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the trial court.)
2. The plaintiff, a partnership firm represented by its partners, filed the suit for settlement of accounts and for realisation of money. The plaintiff is a contractor, who had entered into an agreement with defendants 1 and 2 on 31.1.1990 for the 'Idamalayar Project – Protective works at the downstream of Idamalayar Dam on the right bank at the earth slipped area'. The period stipulated for the completion of the work was
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