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2025 Supreme(Online)(Ker) 52265

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
P.P.JOHN CONSTRUCTIONS – Appellant
Versus
THE CHIEF ENGINEER(NW) – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.S.BABU, SMT.N.SUDHA, SRI.BABU SHANKAR, SRI.MENINO FUTO
For the Respondents: O.M.SHALINA

ORDER

The petitioner is a Partnership Firm. The 1st respondent published a tender dated 15.07.2020 for the work; namely, ‘Demolition and reconstruction of T-39 Hanger and Lean Area at NAY Kochi’. The petitioner’s bid was accepted and work was awarded to them. Annexure A1 is a copy of the Letter of Acceptance dated 22.02.2021. Annexure A2 is a copy of an agreement executed between the petitioner and the 1st respondent. The General Conditions of Contract (GCC) approved by the Ministry of Defense is the guiding document for all works executed by the Military Engineering Services.

2. According to the petitioner, all requirements as per the agreement were complied and all arrangements were made to start the work on 27.04.2021 and the period of completion of work was 700 days. The department allegedly failed to hand over the site free of obstructions in time and the petitioner could not start the work as scheduled. There was idling of labour and plant as well as machinery. It is also alleged that there was further delay on the part of the respondents in giving required permissions and sanctions. Further there was delay in approving the designs and supply of signed working drawings. Howev

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