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2022 Supreme(Online)(MAD) 40807

HIGH COURT OF MADRAS
Hon`ble Mr.Justice K.KUMARESH BABU
SINGARAMMAL CONSTRUCTION – Appellant
Versus
THE SUPERINTENDING ENGINEER – Respondent


ORDER

The present writ petition has been filed challenging an order passed by the 2nd respondent, under which he has rejected the request of the petitioner for escalation charges on the ground that the project was not completed within a period contemplated under the agreement.

2. The facts of the case are that petitioner being a successful bidder, had entered into an agreement with the respondent on 28.02.2011 for construction of causeway. As per the said agreement, he had to complete the construction of causeway within a period of one year from the date of agreement. During the construction of the causeway, it was necessitated for a diversion road and therefore, the respondents have called for another tender, in which also he was a successful bidder and he had entered into an agreement with the respondent for the formation of a diversion road on 24.06.2011. As per the agreement, the causeway ought to have been completed on or before 27.02.2012. Due to intermittent rain, the construction could not be carried out and therefore, he has made a request for extension of time. Considering the rainfall, a period of two (2) months was given. A further extension of time was also granted to h

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