STATE OF KERALA Vs. M. ALAVIKUTTY ALIAS BABU

JUDGEMENT

(1.) RFA No.341 of 2017 and RFA No.201/2017 are by the plaintiff and the defendant respectively, in OS 234/2007. The suit was by the Department, for a declaration that the defendant-Contractor committed breach of contract, and for damages. It was decreed in part by the trial court. RFA 145/2022 is filed by the Contractor, challenging the dismissal of his suit for a declaration that the termination of the contract by the Department is void, and for realisation of money. The suit was dismissed by the trial court. As noticed, the suits are by the Department and the Contractor, against each other.

(2.) Ext.A1 agreement dtd. 11/3/2004 was entered into between the parties with regard to the work of "Improvement of Riding Quality Works" in Km. 42/000 to 55/000 of NH-212. The work was to be completed within three months. According to the Department, the site was handed over to the contractor on 19/3/2004. In spite of repeated instructions, both oral and in writing, the contractor failed to execute the work. After issuing Ext.A7 show cause notice dtd. 27/5/2005, the contract was terminated as per Ext.A11 order dtd. 29/7/2005. The contractor was put on notice that, as per the terms of the contract he was liable to compensate the Department for the loss sustained on the breach.

(3.) The Department filed the suit OS 234/2007 seeking a declaration that the contractor committed breach of the contract and for realisation of an amount of ? 1,63,35,794/-, which is allegedly the loss suffered consequent on the breach of contract by the contractor.