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2026 Supreme(Online)(Ker) 3873

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SATHISH NINAN, P. KRISHNA KUMAR, JJ
M/S.KINFR INTERNATIONAL APPAREL PARKS LTD. – Appellant
Versus
M/S.BETCONS PROJECT CONSULTANTS PVT.LTD. – Respondent


Advocates:
For the Appellants/Petitioners: P.U.SHAILAJAN, M.GOPIKRISHNAN NAMBIAR
For the Respondents: SRI.B.ASHOK SHENOY, SRI.K.V.GEORGE, SRI.P.S.GIREESH, SMT.C.G.PREETHA, SRI.P.N.RAJAGOPALAN NAIR

Table of Content
1. plaintiffs filed for damages under a contract. (Para 1 , 2 , 3)
2. defendant's counterclaim against damages. (Para 4 , 5)

SATHISH NINAN &

P. KRISHNA KUMAR, JJ.

= = = = = = = = = = = = = = = = = =

R.F.A. No.71 of 2015 &

Cross Objection No.57 of 2015 = = = = = = = = = = = = = = = = = =

Dated this the 19th day of January, 2026

J U D G M E N T

Sathish Ninan, J.

The plaintiffs are in appeal and the defendant is in cross objection challenging the dismissal of the suit and the counter claim. The suit is one for damages and the counter claim is for recovery of money being the value of work done under a contract.

2. The second plaintiff invited tenders for the supply and laying of pipelines and for construction of overhead water tanks for the first plaintiff. The defendant was the successful tenderer. Ext.A5 is the agreement dated 09.11.2007, entered into between the parties. The period of the contract was 12 months.

3. Alleging delay in execution of the contract, the second plaintiff issued Ext.A14(b) show cause notice to the defendant as to why the contract shall not be terminated. This was followed by Ext.A17 letter of termination dated 30.04.2008. On 23.10.2008, R.F.A. No.71 of

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