Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A.TH, J
MARYMATHA INFRASTRUCTURE PVT. LTD – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petitioner challenges applicability of a government order on contract. (Para 1 , 2 , 3) |
| 2. respondents assert variations in agreement alter pre-existing rates. (Para 4 , 6 , 7 , 8) |
| 3. court notes non-retrospective nature of government order paramount to litigated issue. (Para 9 , 10 , 11) |
| 4. court directs representation to government for reconsideration based on findings. (Para 12) |
JUDGMENT
This writ petition is submitted by a works contractor, who was entrusted with the work of “Construction of Hospital Block Buildings in Government Medical College, Palakkad” and Ext.P2 is the agreement executed in this regard, between the petitioner and the respondents 2 and 3 on 30.01.2017. Exhibits P3, P3(A) and P3(B) are the supplemental agreements executed between the petitioner and the said respondents, on 7.1.2021, 12.8.2022 and 28.1.2023 respectively.
2. The grievance highlighted by the petitioner in this writ petition pertains to the fixation of the rate for the works, in respect of additional works carried out by the petitioner based on Ext.P3 series supplemental agreements. According to the petitioner, the rates for such additional works and the supplies made, were reckoned
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
