The K.W.A. v. P.a.Raju
Case brief
What is this about?
The High Court allowed an appeal suit in part, upholding the lower decree for unpaid final bill amounts but setting aside the enhancement claim as legally barred by the contract terms and the applicable period of limitation.
What did the court decide?
Appeal suit allowed in part; enhanced value and compensation claim set aside; sum of Rs.17,040/- as unpaid final bill with interest allowed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH & THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 6TH DAY OF JULY 2017/15TH ASHADHA, 1939
A.S.No. 220 of 2002 ( )
(AGAINST THE JUDGMENT AND DECREE IN O.S.NO.523/1995 OF PRINCIPAL SUB COURT,ERNAKULAM DATED 17-12-2001)
APPELLANTS/DEFFENDANTS 1 & 2:
- THE KERALA WATER AUTHORITY, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, KERALA WATER AUTHORITY, HEADQUARTERS, TRIVANDRUM.
- THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH, CIRCLE, COCHIN-11. BY ADVS.SRI.C.T.JOSEPH SRI.K.R.GANESH SRI.C.JAYACHANDRAN SRI.JOE POLLAYIL SRI.N.SAJU THOMAS
RESPONDENTS/PLAINTIFF AND DEFENDANTS 3 AND 4:
- P.A.RAJU, KUNNAPPILLIL HOUSE, S/O. ABRAHAM, AGED ABOUT 36, KOOTHATTUKULAM VILLAGE, ERNAKULAM DISTRICT.
- THE FEDERAL BANK LTD., KOOTHATTUKULAM BRANCH, REPRESENTED BY ITS MANAGER KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT.
Issues for consideration
3 issues framed by the court
Whether the claim for enhanced value of works and compensation for deprivation of gains is barred by limitation.
Whether the plaintiff is permitted to claim enhanced rates for items of work under supplemental agreements extending time.
Whether any exceptions under Section 55 of the Contract Act apply to permit the claim despite the exclusion clause.
Parties & counsel
- appellant
The Kerala Water Authority
- appellant
The Supervisor Engineer, Kerala Water Authority
- respondent
P.A. Raju
- respondent
The Federal Bank Ltd.
Coram
Case details
As recorded by the court registry
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