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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ZIYAD RAHMAN A.A.TH, J
SURABHI EARTH MOVERS – Appellant
Versus
THE GENERAL MANAGER SOUTHERN RAILWAY – Respondent
| Table of Content |
|---|
| 1. contract termination and re-tender issues. (Para 1 , 2) |
| 2. communication of difficulties in commencing work. (Para 3 , 4 , 5) |
| 3. importance of local conditions in contract execution. (Para 10 , 11 , 12 , 13) |
| 4. court's decision on contract reinstatement. (Para 14) |
JUDGMENT
[WP(C) Nos.37741/2023, 39049/2023]
Both these writ petitions are filed by the same petitioner, being aggrieved by termination of a contract and the consequential re-tender of the work. W.P(C) No.37741/2023 is filed challenging the order of termination and W.P(C) No.39049/2023 is filed challenging the notification issued by the respondents by which the work is re-tendered.
2. Earlier, in response to a tender floated by the 3rd respondent in W.P(C) No.37741 of 2023 (4th respondent in W.P(C) No. No.39049 of 2023), for carrying out the work of ‘Standardisation of Formation in Alappuzha P way Section’, the petitioner submitted tenders. Being the lowest bidder, the petitioner’s tender was accepted and Ext.P1 is the letter of acceptance dated 06.06.2023. As per the terms of contract, the petitioner had to complete the work within a period of 24 months. The petitioner furnished the performance guarantee requi
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