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2025 Supreme(Online)(Ker) 54975

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
ANAS BABU B., CRESCENT CONSTRUCTION AND CONTRACTING – Appellant
Versus
THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION AND TRANSPORT DEPARTMENT, GOVERNMENT OF THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.L.VARGHESE (SR.), SMT.SANTHA VARGHESE, SRI.RAHUL VARGHESE, SRI.RANJITH VARGHESE
For the Respondents: ADV SHRI.DEEPU THANKAN GP – RIYAL DEVASSY

Table of Content
1. claim for payment of completed work (Para 1 , 2 , 3)
2. defenses against payment and quality defects (Para 4 , 5)
3. court's direction for payment of dues (Para 6 , 7)

JUDGMENT

Dated this the 4th day of December, 2025 Petitioner has approached this Court aggrieved by the non-payment of the amount due for the work completed by the petitioner, tendered by the Kerala State Road Transport Corporation.

2. Petitioner was awarded the work of construction of ‘Bus Terminal-cum-Shopping Complex at Pathanamthitta’ vide Ext.P1 letter of award for an amount of Rs.6,53,70,000/-. It is averred that inspite of heavy odds, limitations and defaults on the part of the respondent resulting in the delay in the execution of the work, more than 90% of the work has been completed, whereas further work could not be proceeded only due to the pendency of payment of Rs.2.5 crores apart from the payment due for extra/additional items executed against which revised estimate is yet to be finalised by the respondent. Payment is also due to the petitioner towards reimbursement of the additional tax burden of 8% after implementation of GST scheme by the Central Government and the State Government at 1

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