P. P. THOMAS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The plaintiff is a contractor whose services were engaged by the defendants to strengthen the Mullai Periyar Dam (the Dam) by providing RCC backing from EL (+) 75 feet to EL (+) 145 feet. In relation to the said contract, the plaintiff filed the suit and raised claims for escalation in the extended period, idling/disruption claims, claims towards unpaid work, refund claims, interest claims and costs. In the aggregate, a claim of Rs.9,46,96,730.00 has been made by the plaintiff.

(2.) The plaintiff stated that a tender was floated by the defendants in relation to the work described above and that the plaintiff's bid was successful. Therefore, G.O.Ms.No.158/PWD/dtd. 25/1/1989 was issued, and by letter dtd. 1/2/1989, the acceptance of the bid was communicated to the plaintiff by also indicating the contract value of Rs.2,18,85,430.00. Thereafter, an agreement dtd. 3/3/1989 (the Agreement) was executed by the plaintiff and the defendants. The Agreement incorporated "the Madras Detailed Standard Specifications" and stipulated that the work should be completed within 15 months from the date of handing over possession of the site. In relation to execution of work, the plaintiff stated that the defendants were required to provide 40,225 cubic metres (cum) of cement concrete items, 169 metric tonnes (MT) of steel reinforcement, cement, steel items and super-plasticiser. In addition, according to the plaintiff, the defendants had stocked blasted stones at the dump yard of the valley portion below the regulator of the additional vents of the Periyar Dam (the blasted stones storage yard) and river sand from Vaigai River, and the plaintiff was entitled to make use of these materials for construction.

(3.) The plaintiff stated that a weigh batching plant was brought to site even before the Agreement was signed and other equipments such as a stone crushing unit, pump sets, etc. were brought to site within 17 days from the date of execution of the Agreement. The possession of the site was handed over to the plaintiff on 22/3/1989. Consequently, it was stated that the 15 month period was from 22/3/1989 till 21/6/1990.