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Judgment
Shiv Kumar Sharma, J.—Heard.
A preliminary objection has been raised on behalf of non applications that the applicant had received full payment after full and final settlement and put his signatures on document annexure R-3, therefore, this application is not maintainable. I find no merit in the submission in view of the ratio indicated in Jayesh Engineering Works v. New India Assurance Co. Ltd., and Union of India (UOI) and Another Vs. L.K. Ahuja and Co.,
In Jayes Engineering Words v. New India Assurance Co. Ltd. (supra) it was indicated that on completion of work, the right to get money would normally arise thereafter on settlement of the final bill, the right to get further payment gets weakened but whether the claim subsists or not, is a matter which is arbitrable. This view was affirmed in Union of India v. L.K. Ahuja (supra), wherein it was held as under:
Whether any amount is due to be paid and how far the claim made by the appellant is tenable are matters to be considered by the arbitrator. In fact, whether the contract has been fully worked out and whether the payments have actually been made in full and final settlement are questions to be considered by the arbitrator when there is a dispute regarding the same.
Therefore, in view of clause 14 of the Partnership deed, I hereby appoint Hon''ble Justice Mohd. Yamin (Retired) as Arbitrator to resolve the disputes between the parties. The fees and other terms and conditions shall be settled to Arbitrator himself.
The application stands allowed as indicated above.