Kochi cancer centre: HC upholds termination of firm’s contract

A Division Bench of the Kerala High Court on Wednesday dismissed an appeal filed by P and C. Projects Private Limited, Erode, against a single judge verdict rejecting its petition challenging the termination of its contract for constructing a building for Cochin Cancer Centre.

The Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chali, while upholding the single judge’s judgement, observed that the company had failed to make out any case of jurisdictional error or other legal infirmities in the judgment of the single judge.

The court observed that in view of the fact that the appellant company was unable to complete the work within the extended time period agreed upon by the parties, and therefore, it was open to INKEL Limited, by virtue of terms and conditions, and the general conditions of the contract, to terminate it.

The court added that a contract entered into by the parties to do a particular act together was a partnering agreement creating a mutual relationship for the benefit and advantage of one of the parties and if the contractor failed miserably to discharge the obligations undertaken, definitely the confidence of the dominant partner would be lost and thereby it was entitled to act in accordance with the contract.

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Printable version | Dec 7, 2021 10:15:25 AM | https://www.thehindu.com/news/cities/Kochi/kochi-cancer-centre-hc-upholds-termination-of-firms-contract/article36987622.ece

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