9911796707
TMI Blog2009 (4) TMI 898X X X X Extracts X X X X X X X X Extracts X X X X ..... t was completed on 20.9.2002. A final bill was prepared, settling all claims, by the respondent and was forwarded to the appellants. Respondent after receiving payment of final bill signed the same, without any protest or reservation on 27.3.2001. Again after two years, respondent submitted a list of 20 claims to the appellants. Appellants in their reply stated that as per condition 65 of IAFW 2249 (General Conditions of Contracts) forming part of CA, no further claim shall be made by the contractor after submission of final bill and the claim now submitted are deemed to have been waived and extinguished. Respondent then approached E-in-C for appointment of arbitrator on 17.8.2003. Appellants did not appoint an Arbitrator as no dispute exis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... faction by final settlement of the claims. The subsequent allegation of coercion is an afterthought and a devise to get over the settlement of the dispute, acceptance of the payment and receipt voluntarily given. In Russell on Arbitration, 19th Edn., p. 396 it is stated that "an accord and satisfaction may be pleaded in an action on award and will constitute a good defence. Accordingly, we hold that the appellant having acknowledged the settlement and also accepted measurements and having received the amount in full and final settlement of the claim, there is accord and satisfaction." 6) Learned Counsel would also invite our attention to the case of SBP & Co. v. Patel Engg. Ltd., (2005) 8 SCC 618, wherein this Court has observed that: a) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equivalent. 9) While appointing an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, two things must be kept in mind: i. That there exists a dispute between the parties to the agreement and that the dispute is alive. ii. Secondly, an Arbitrator must be appointed as per the terms and conditions of the agreement and as per the need of the dispute. 10) It is the specific case of the appellants, respondent could not have raised yet another claim, as the respondent after signing on the final bill without any protest or reservation has waived his right as per the conditions of the contract. The Court without considering that whether any dispute exists between the parties, could not have appointed an Arbitrator. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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