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2018 (2) TMI 411 - SC - Indian LawsAppointment of an arbitrator for resolution of the dispute between the appellant-Company and respondent No. 1-Company - works contract - whether the respondent-Contractee Company has made out a case for referring the dispute to Arbitration? Held that: - When the contractee accepted the final payment in full and final satisfaction of all its claims, there is no point in raising the claim for losses incurred during the execution of the Contract at a belated stage which creates an iota of doubt as to why such claim was not settled at the time of submitting Final Bills that too in the absence of exercising duress or coercion on the Contractee by the appellant-Contractor. There was full and final settlement of the claim and there was really accord and satisfaction and in our view no arbitrable dispute existed so as to exercise power under Section 11 of the Act. The High Court was not, therefore, justified in exercising power under Section 11 of the Act. Appeal allowed - decided in favor of appellant.
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