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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
THE RUBBER BOARD, SUB JAIL ROAD, KOTTAYAM-686 009 – Appellant
Versus
TEJI PAUL – Respondent
| Table of Content |
|---|
| 1. contract terms and payment obligations. (Para 1 , 2 , 3 , 5) |
| 2. assessment of liability for payment based on completed work. (Para 11 , 12) |
| 3. arguments on breach and loss assessment. (Para 13 , 14) |
| 4. compliance with contract provisions. (Para 15 , 16) |
JUDGMENT
The Rubber Board, the defendant in O.S. No. 318 of 2011 on the files of the Principal Sub Judge, Kottayam, a suit for realisation of an amount of Rs. 2,71,869/- instituted by the respondent herein, is the appellant.
2. The respondent/plaintiff and the defendant/appellant had entered into a contract pursuant to a tender floated for the construction of Labour Lines at the Rubber Research Institute of India, Kottayam. On 04.03.2008, the plaintiff and the defendant executed Ext. B3, under which the work had to be completed within six months in accordance with the specification and schedule appended to the agreement. The plaintiff alleges that the work of the basement was completed before 15th October, 2008, and he requested part payment in October itself. The defendant had paid an amount of Rs. 1,40,000/- on 02.09.2008, but the balance amount of Rs. 1,38,447/- was paid only on 12.05.2009. The plaintiff would alle
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