GAYATARI PROJECTS LIMITED Vs. AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) In January 1995, the respondent invited tenders for the extension and strengthening of runway at 28 end of the Calicut Airport. In response thereto, several bids were received by the Respondent. The petitioner/claimant is stated to have submitted its bid on 10.04.1995. The bid submitted by the petitioner was found suitable for the award of the contract.

(2.) It is stated that after the bidding, the respondent stipulated a reduction in time period for the completion of the work from 48 to 42 months. The petitioner/claimant avers that the reduction of the time period was made after a lapse of nine months since the submission of the bid i.e. in December 1995. The petitioner/claimant accepted the reduction in time period vide a letter dated 13.12.1995 and requested the issuance of the letter of intent within seven days for immediate commencement of the work.

(3.) The contract was awarded to the petitioner vide a letter dated 19.12.1995 which stated that the reduced time period would be computed from the tenth day after the issue of the said letter. The date of completion of the project was 28.06.1999. However the work had not been completed though arbitration proceedings commenced and were concluded. The respondent is stated to have extended the date of completion from time to time. The contract was concluded only after the award and the work done certificate is dated 05.12.2002 which records the date of completion of the work as 30.11.2001.