IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, J
ALR Constructions, Rep.by its Managing Director, A.Logirajan S/o.Angathevar – Appellant
Versus
The Superintending Engineer, O/o.The Superintending Engineer, National Highways (Circle), Besant Road, Chinnachokkikulam, Madurai. – Respondent
| Table of Content |
|---|
| 1. contract terms regarding maintenance obligations. (Para 1) |
| 2. validity of termination notice per contract clauses. (Para 2 , 3) |
| 3. procedures following contract termination. (Para 4 , 5) |
| 4. final disposition of the writ petition. (Para 7) |
ORDER
The Superintending Engineer, National Highways (Circle), Madurai on behalf of Ministry of Road Transport and Highways of India called for tender for carrying out the works of strengthening the road from (i) 2 lane to 2 land with paved shoulder from Km 0/550-1/100,5/700-21/070,21/500-34/200 & 34/870-38/000 & (ii) strengthening of existing 4 lane from Km 0/000-0/ 550,1/100-1/780,2/420-5/700,21/070-21/500,34/200-34/870 & 2 lane from Km 1/780-2/420 (Dindigul – Natham Section) of NH 383 in the State of Tamil Nadu (Job No.NH 383-TN-2017-18-857). The petitioner was the successful tenderer. Agreement was entered into in this regard between the petitioner and the first respondent on 14.08.2018. The project was completed on 30.06.2022. As per the terms of the contract, the petitioner was obliged to maintain the project for a period of four years ie., up to 30.06.2026. The road was to become tollable road with effect from 07.10.2024. A r
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