BABY KURIAKOSE Vs. KSEB

JUDGEMENT

(1.) Petitioner was awarded the work of construction of a transformer bay. Ext.P1 is the agreement executed between the parties. On the allegation that the work has not been completed within the time allowed, third Respondent issued Ext.P3 informing the Petitioner that if he does not take up the work and complete the same within 15 days of receipt of the letter, contract will be terminated and the work will be carried out at the risk and cost of the Petitioner. Thereupon in terms of Clause-5 of Ext.P1, Petitioner submitted Ext.P4 request to the second Respondent requesting for extension of time and also for payment of his dues. The same has not been considered so far and it is with this grievance, the writ petition is filed.

(2.) Learned Counsel for the Petitioner submitted that the Petitioner has already completed 70% of the work and if reasonable extension of time is granted, he will complete the work. On the other hand, Standing Counsel appearing for the Board submitted that Petitioner has already abandoned the work and that the Board cannot accept any further delay in completing the work.

(3.) It is a fact that the work has to be completed expeditiously and if there is breach of contract committed by the Petitioner, Respondents are also entitled to proceed against him in terms of Ext.P1. Now that, according to the Petitioner, 70% of the work has been completed, it is only appropriate that Ext.P4 should be considered by the 2nd Respondent. However, this shall be only on condition that the Petitioner shall resume the work immediately.