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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A.TH, J
T.SHAHINSHA – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. contractor's completion and payments related. (Para 1 , 2 , 3) |
| 2. third respondent's rejection of claims. (Para 4) |
| 3. counter arguments against the contractor. (Para 5 , 9) |
| 4. court's analysis and inquiry. (Para 6 , 10) |
| 5. reasons for deductions and delays. (Para 11 , 12 , 14) |
| 6. court's decision on factual disputes. (Para 13 , 15) |
JUDGMENT
The petitioner is a contractor, who was entrusted with the work of the Rebuild Kerala Initiative – Resilient Reconstruction of LSGI Road Infrastructure – Kanjikkal Mukku Ganam Theater Road in Bharanikavu Grama Panchayat, Alappuzha District. Ext.P1 is the work order dated 04.05.2021, and Ext.P2 is the agreement executed between the petitioner and the 3rd respondent, dated 04.05.2021. The petitioner had completed the work, and Ext.P3 is the certificate of completion of work, which states that the works as per the agreement and the supplemental agreements had been completed in all respects, on 14.09.2023. According to the petitioner, as per Exts.P1 and P2, the responsibility to implement the project was upon the Executive Engineer, the 4th respondent in this writ petition. Ext.P4 is the certification of the measurement taken in respect
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