STATE OF KERALA AND ANR. versus M.A. MATHAI

STATE OF KERALA AND ANR. versus M.A. MATHAI

There was no evidence that supplemental agreements were executed under coercion; mere assertion by plaintiff is insufficient. Contractor cannot claim damages for delay where he has accepted belated performance without notice of intention to claim compensation.

Parties
Appellant: State of Kerala; Respondent: M.A. Mathai
Jurisdiction
India
Judgment Date
09 April 2007
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Kerala High Court
Outcome
Appeal allowed
Legal Topics
Damages, Performance of Contract, Free Consent, Escalation Clause, Section 55 of Contract Act
Contract Law Damages Performance of Contract Free Consent Escalation Clause Section 55 of Contract Act

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Parties

State of Kerala

Appellant

M.A. Mathai

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Kerala High Court

Legal Issues

  1. 1 Whether damages can be awarded when contractor completes work in extended time and there is no escalation clause
  2. 2 Whether supplemental agreements were executed under coercion or free will

Ratio Decidendi

There was no evidence that supplemental agreements were executed under coercion; mere assertion by plaintiff is insufficient. Contractor cannot claim damages for delay where he has accepted belated performance without notice of intention to claim compensation.

Court Disposition

Appeal allowed

Orders

  • Judgment of Kerala High Court set aside
  • No order as to costs