MARYMATHA CONSTRUCTION COMPANY Vs. ADDITIONAL PROJECT MANAGER

JUDGEMENT

(1.) The applicant had emerged as a successful bidder for the work of "Sewerage Sub Component of Kochi Corporation Construction of wet wells 3, 7, and 8 and laying of pumping mains - package No.KCH - SS - 03 A" pursuant to a notice inviting tender issued by the respondents. The project in question was funded by the Asian Development Bank and, pursuant to it emerging as the lowest bidder, the applicant entered into an agreement with the 1st respondent as the employer, the 2nd respondent as the nodal agency and the 3rd respondent as the owner of the project. The bidding documents, that formed part of the agreement, were in three parts, namely, Part -1 that enumerated the bidding procedure, Part -2 that enumerated the works requirement and Part -3 that enumerated the conditions of contract and contract forms.

(2.) In the General Conditions of Contract (GCC), Clause 2.3 that deals with interpretation indicates that the documents forming the contract have to be interpreted in the following order of priority:

(3.) Clause 24 of the GCC deals with procedure for disputes and reads as follows: