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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
M/S. MALABAR TECH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of petitioner’s contractual obligations and subsequent grievances. (Para 1 , 2 , 3) |
| 2. review of procedural fairness and natural justice principles. (Para 4 , 5 , 7 , 9) |
| 3. arguments regarding inspection procedures and their adherence to guidelines. (Para 6 , 10 , 11) |
| 4. court's rationale for quashing ext.p14 and ordering a fresh examination. (Para 8 , 12) |
JUDGMENT
The petitioner is a partnership firm, and is a registered A-class contractor with the Public Works Department. The petitioner was awarded with a work namely, ‘Strengthening of carriage way from Km. 64/000 to Km. 87/000 of NH 966 (Old NH 213) in the State of Kerala under Annual Plan 2017-18’. Ext.P1 is the tender, based on which, the petitioner was awarded with the work and Ext.P2 is the letter of acceptance dated 21.01.2013. The petitioner had completed the construction on 29.02.2020 as per the terms of contract. The defect liability period was for a period of three years, i.e., upto 20.02.2023. Ext.P4 is the work completion certificate dated 20.05.2020. The grievance of the petitioner is that, based on a complaint submitted by a third party, an inquiry was commenced in the matter of construction c
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