C.S.COMPANY Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) These appeals are against the common judgment and decree dtd. 17/10/1998 in O.S.No.345/1987 and O.S.No.1291/1992 on the file of the Sub-ordinate Judge's Court, Thiruvananthapuram. O.S.No.345/1987 is a suit for money filed by the Kerala State Electricity Board (the Board) against M/s. C.S. Company, the first defendant, a Firm, and defendants 2 to 4, who are stated to be its partners. O.S.No.1291/1992 is a suit for money filed by the aforesaid Firm against the plaintiff in O.S.No.345/1987 and its Chief Engineer. The court below by the impugned judgment, partly decreed O.S.No.345/1987 and dismissed O.S.No.1291/1992. Aggrieved, defendants 1 to 3 in O.S.No.345/1987 and the plaintiff in O.S.No.1291/1992 have filed A.S.No.86/2003, wherein the plaintiff, namely, the Board and the fourth defendant in O.S.No.345/1987 are the respondents. The plaintiff in O.S.No.1291/1992 is the appellant in A.S.No.113/2003 and the defendants in O.S.No.1291/1992, the respondents.

(2.) The brief facts in O.S.No.345/1987 - According to the plaintiff, the Board, the work of "Kakkad Hydro Electric Project

(3.) The defendants filed written statement disputing and denying the plaint allegations and contended thus- When the contract was awarded to the first defendant Firm, the plaintiff was not in possession of the entire site. It was occupied by the equipment and machineries of the previous contractor. In spite of the plaintiff being requested several times to clear the site and hand over possession, they failed to do so. Finally, in the last week of June, 1983, the defendants cleared the site by shifting the articles of the previous contractor to a portion of the site and was forced to take possession of the remaining site on 29/06/1983. The failure of the plaintiff to hand over the entire site within the date stipulated in the agreement, is a breach of the terms of the contract.