High Court Kerala High Court

Shibu Zachariah vs The State Of Kerala on 2 February, 2011

Kerala High Court
Shibu Zachariah vs The State Of Kerala on 2 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 149 of 2011()


1. SHIBU ZACHARIAH, S/O.LATE K.V.ZACHARIA,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE KERALA WATER AUTHORITY, JALA BHAVAN,

3. THE SUPERINTENDING ENGINEER, KERALA

                For Petitioner  :SRI.M.A.FIROZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY

 Dated :02/02/2011

 O R D E R
                  C .N. RAMACHANDRAN NAIR, &
                    BHABANI PRASAD RAY, JJ.
                  --------------------------------------------
                         W.A. No. 149 of 2011
                  --------------------------------------------
                 Dated this the 2ndday of January, 2011

                                JUDGMENT

Ramachandran Nair, J.

Heard counsel for the appellant, Government Pleader and

standing counsel appearing for the Kerala Water Authority. After

hearing all sides, what we find is that appellant wants to get the

contract awarded to him with price variation clause. The Water

Authority insisted that appellant should remove the condition on price

variation, if the contract is to be awarded to the appellant. We are in

complete agreement with the view taken by the Water Authority

because if price variation is agreed upon there is bound to be dispute

leading to unnecessary litigation. In other words, the contract if at all

possible should be awarded by fixing the contract price on a fixed basis

whatever be the increase allowed from the PAC. Since appellant was

considered fit and eligible, we feel appellant could be given one more

opportunity to agree for removal of price variation clause and accept

the offer made by the Water Authority. If appellant gives confirmation

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within a period of one week from the date of receipt of a copy of this

judgment, the Water Authority will award the contract to the appellant

or otherwise Water Authority is free to retender the same.

W.A. is disposed of as above.

(C.N.RAMACHANDRAN NAIR)
Judge.

(BHABANI PRASAD RAY)
Judge.

kk

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