Kerala High Court
M/S. Chendur Infrastructure Pvt. Ltd vs Kochi Metro Rail Limited (Kmrl) on 5 August, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:58264
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
WP(C) NO. 23135 OF 2025
PETITIONER:
M/S. CHENDUR INFRASTRUCTURE PVT. LTD
REGISTERED OFFICE AT NO. 45, D-BLOCK,
ANNA NAGAR EAST, CHENNAI ,
REPRESENTED BY ITS MANAGING DIRECTOR,
MS. SHANMUGA PRIYA, PIN - 600102
BY ADVS.
SHRI.RAFEEK. V.K.
SMT.NISHNA P.T.
SMT.ANNLIYA FLEMIN
SMT.LYDIA ELIZABETH KOVOOR
SMT.MUFEEDHA P.
SHRI.ABDUL RAHOOF P.M.
SRI.SHAHIM BIN AZIZ
SHRI.MOHAMMED SHAFI.K
SMT.O.A.NURIYA
RESPONDENTS:
1 KOCHI METRO RAIL LIMITED (KMRL)
REPRESENTED BY ITS MANAGING DIRECTOR,
REGISTERED OFFICE AT REVENUE TOWER,
PARK AVENUE, KOCHI, PIN - 682011
2 THE GENERAL MANAGER (PROJECTS)
KOCHI METRO RAIL LIMITED,
REGISTERED OFFICE AT REVENUE TOWER,
PARK AVENUE, KOCHI, PIN - 682011
BY ADVS.
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W.P.(C) No.23135/2025
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SMT.A.K.PREETHA
SRI.C.ANIL KUMAR
SMT.DEVIKA MOHAN
SMT.RESHMA R.KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.07.2025, THE COURT ON 05.08.2025 DELIVERED
THE FOLLOWING:
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W.P.(C) No.23135/2025
:3:
N. NAGARESH, J.
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W.P.(C) No.23135 of 2025
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Dated this the 5th day of August, 2025
JUDGMENT
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The petitioner is a civil infrastructure
company. The petitioner was granted Ext.P1 contract by the
respondents for the construction of entry and exit building at
Kakkanad junction and Cochin SEZ Metro Station. The
contract is of the value ₹25,23,55,968/-. The petitioner
submitted Ext.P2 performance guarantee and executed Ext.P3
agreement.
2. The petitioner states that the site was handed
over on 20.03.2023. However, the respondents issued first set
of Good For Construction (GFC) drawing only on 03.08.2023.
There was an initial delay of 143 days. Immediately, the
petitioner started work. The respondents were not prompt in
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issuing drawings. The most recent drawing was issued only on
09.04.2025. The progress of the work was adversely affected
due to the delayed issuance of GFC.
3. the petitioner states that they encountered
site constraints including persistent waterlogging which
repeatedly submerged the site. Knowing the ground realities,
the respondents granted extension of time up to 31.08.2024
without levy of fine / liquidated damages as per Ext.P7. Later,
further extension of time was granted up to 28.02.2025 and
then up to 13.06.2025.
4. On 10.04.2024, the respondents issued
Ext.P9 notice alleging delay and threatening termination of
contract. The petitioner submitted Ext.P10 reply. The
respondents, however, terminated the contract as per Ext.P12
order dated 12.06.2025, forfeiting the performance guarantee
of ₹75,70,679/-. The petitioner states that he has completed
70% of the contracted works and the impugned termination
when an application for extension of time was pending is illegal
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and unjustified.
5. The 1st respondent-Kochi Metro Rail Limited
resisted the writ petition. In their statement dated 06.07.2025,
the 1st respondent stated that time was the essence of the
contract and the petitioner was given 12 months time to
complete the work. The structural drawings were handed over
to the petitioner since 03.08.2023. In view of the delay in
issuing drawings, the petitioner was granted extension for
completion of the contract up to 31.08.2024 without imposing
liquidated damages. Even thereafter, extensions were granted
at the request of the petitioner at multiple times.
6. The delay in execution of the project is not on
account of any fault on the part of the 1st respondent. The
petitioner was issued letters requiring to complete the work
expeditiously. The petitioner failed to deploy resources at site.
No construction activities were taking place during the past 5-
6 months. The petitioner was non responsive. The 1st
respondent therefore terminated the contract.
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7. I have heard the learned counsel for the
petitioner and the learned counsel appearing for the
respondents.
8. It is evident from the pleadings and
arguments that a Letter of Acceptance was issued by the
respondent on 13.03.2023 and the agreement was executed
on 07.06.2023. The site was handed over on 20.03.2023.
Stage wise structural drawings were handed over to the
petitioner since 03.08.2023. The respondents have taken note
of the delay in issuing structural drawings and hence granted
extension for date of completion up to 31.08.2024 without
imposing any liquidated damages.
9. Even thereafter, the petitioner failed to
complete the work. The time was extended again up to
17.12.2024 then up to 28.02.2025 and again up to 13.06.2025.
Even in the month of July, 2025, pile cap and tie beams work
was not fully completed and the work did not progress beyond
construction of piles, in respect of the work at Kakkanad
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Junction Station. As regards Cochin SEZ Metro Station the
work was not even completed till water level in the month of
July, 2025. This would show that delay in execution is not on
account of any fault on the part of the 1st respondent.
10. The respondents have given extension of time
four times. The respondents would submit that no construction
activities were taking place during the past 5-6 months and the
contractor was non-responsive while trying to contact them.
The work is related to an imported infrastructure project in
Kochi. The respondents were therefore forced to terminate the
contract.
In the circumstances, I do not find any
illegality in the action of the respondents in issuing Ext.P12
termination order. The writ petition is without any merit and it is
hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/04.08.2025
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APPENDIX OF WP(C) 23135/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE
WAS GRANTED TO THE PETITIONER DATED
13.03.2023 BY THE RESPONDENT,
Exhibit P2 TRUE COPY OF THE PERFORMANCE BANK
GUARANTEE DATED 30.05.2023
Exhibit P3 TRUE COPY OF THE CONTRACT AGREEMENT
DATED 07.06.2023
Exhibit P4 TRUE COPY OF THE FIRST GOOD FOR
CONSTRUCTION (GFC) DRAWING ISSUED BY
THE RESPONDENTS DATED 03.08.2023
Exhibit P5 TRUE COPY OF THE RECENT GOOD FOR
CONSTRUCTION (GFC) DRAWING DATED
09.04.2025 ISSUED BY THE RESPONDENT
Exhibit P6 TRUE COPY OF PHOTOGRAPHIC EVIDENCE
SHOWING THE WATERLOGGED SITE FROM
20.05.2024 TO 09.06.2025
Exhibit P7 TRUE COPY OF THE REQUEST OF EXTENSION
OF TIME AND THE APPROVAL DATED
06.04.2024
Exhibit P8 TRUE COPY OF THE EXTENSION APPLICATION
DATED 31.01.2025 AND ITS APPROVAL DATED
02.04.2025
Exhibit P9 TRUE COPY OF THE 14-DAYS NOTICE ISSUED
BY THE RESPONDENT DATED 10.04.2025
Exhibit P10 TRUE COPY OF THE REPLY DATED 22.04.2025
SUBMITTED BY THE PETITIONER TO THE 14
DAYS NOTICE ISSUED BY RESPONDENT
Exhibit P11 TRUE COPY OF THE EXTENSION OF TIME
REQUEST (EOT-IV) SUBMITTED BY THE
PETITIONER DATED 07.06.2025
Exhibit P12 TRUE COPY OF THE TERMINATION OF
CONTRACT ORDER ISSUED BY THE RESPONDENT
DATED 12.06.2025
Exhibit P13 TRUE COPY OF THE RELEVANT CLAUSES FROM
THE GENERAL CONDITION OF CONTRACT (GCC)
AND SPECIAL CONDITION OF CONTRACT (SCC)
IS PRODUCED HEREWITH AND MARKED AS
EXHIBIT P13.
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Exhibit P14 True copy of Photo of current status
Cochin SEZ station
Exhibit P15 True copy of the part bill 19 dated NIL
RESPONDENT'S ANNEXURES
Annexure R1(a) A true copy of the photograph along
with a brief narration of actual status
of work in Cochin SEZ RHS
Annexure R1(b) A true copy of the photographs along
with a brief narration of actual status
of work in Cochin SEZ LHS
Annexure R1(c) A true copy of the photographs along
with a brief narration of actual status
of work in Kakkanad Junction LHS
Amnnexure R1(d) A true copy of the photographs along
with a brief narration of actual status
of work in Kakkanad Junction RHS
