BHAGEERATHA ENGINEERING LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) The appeal arises from the order of the District Court, Thiruvananthapuram dtd. 22/6/2010 in O.P(Arb.) No.238/2006 by which the award of the arbitral tribunal was set aside.

(2.) Facts of the case The appellant is a contractor who came out successful in competitive bidding for execution of the works (1) Kerala State Transport Project-RMC-01-periodic renewal of Thaikkad- Kottarakkara Road, (2) KSTP-RMC-03-periodic renewal of Thodupuzha-Kalur-Ounukal Road, (3) KSTP-RMC-08-periodic renewal of Kozhikkode-Mavoor Road and (4) KSTP-RMC-12 periodic renewal of Quilandy-Thamarassery Road.

(3.) In respect of Road Maintenance Contract-01 (RMC-01), notice of procedure was issued on 28/5/2002 and the original date of completion was on 27/5/2003. An amount of Rs.8,01,89,947.00 was fixed and the same was revised to Rs.6,25,66,956.79. The 1st extension period was approved with liquidated damages upto 31/7/2003 and the 2nd extension of time was approved with liquidated damages upto 31/10/2003.