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2019 Supreme(Online)(KER) 58347

HIGH COURT OF KERALA
P. B. Suresh Kumar, J
NAVIN CONSTRUCTION CORPORATION – Appellant
Versus
THE KERALA WATER AUTHORITY – Respondent


Advocates:
SRI.S.SREEKUMAR (SR.), SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.THOMAS P.KURUVILLA, SRI.AJAY BEN JOSE, SRI.MANJUNATH MENON, SRI.S.HARIKRISHNAN, SRI.P.BENJAMIN PAUL, BINOY VASUDEVAN, SMT. VINEETHA

J U D G M E N T

The petitioner is a contractor which has undertaken a work of the Kerala Water Authority (KWA). The work relates to the construction of a water treatment plant. The agreement between the petitioner and the KWA in this connection was entered into on 17.10.2018. The work should have been completed by the petitioner within eighteen months from 17.10.2018. The agreement was cancelled by the KWA in terms of Ext.P6 order alleging that the petitioner has not achieved the progress contemplated in terms of the agreement. Ext.P6 order is under challenge in the writ petition.

2. Heard the learned Senior Counsel for the petitioner as also the learned Standing Counsel for the KWA.

3. The learned Senior Counsel for the petitioner contended that the slow progress of the work is not due to any reason attributable to the petitioner. Placing reliance on a few documents produced, the learned Senior Counsel for the petitioner contended that the slow progress of the work was due to reasons attributable to the KWA. It was also contended by the learned Senior Counsel that the execution of the work has progressed substantially and the petitioner will be in a position to complete the work wit

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