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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SATHISH NINAN, P. KRISHNA KUMAR, JJ
A.IBRAHIMKUTTY – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. appellant's claim attributes delay in project execution to lack of defendants’ obligations for dumping yard. (Para 2 , 3 , 4 , 6) |
| 2. contractor’s claims detail breakdown of damages for work executed beyond contractual obligations. (Para 10 , 11 , 15) |
| 3. responsibility regarding provision of dumping yards and transportation of spoil is contested. (Para 18 , 19) |
| 4. determination of delays attributed to both parties is critical for compensation assessment. (Para 29 , 30 , 32) |
| 5. final amount awarded reflects assessed delay contributions and affirming of economic duress affecting contractual terms. (Para 43 , 44) |
JUDGMENT
P.Krishna Kumar, J.
The unsuccessful plaintiff in a suit for declaration and recovery of money under a PWD works contract, is the appellant. He challenges the impugned judgment by which the reliefs sought by him were declined by the Sub Court.
2. For ease of reference, the parties are hereinafter referred to as they were arrayed in the suit. The plaintiff is an A-grade construction contractor to whom the work of formation of a canal (KIP & TDCP LBC formation of Pallimon distributory from Ch. 0 m to 7000 m, including CD works) was awarded by the Public Works
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