SARUP LAL SINGLA Vs. NATIONAL FERTILIZERS LIMITED

JUDGEMENT

(1.) This petition under Section 20 of the Arbitration Act, 1940 (for short 'the Act') was formerly presented in the Court of Senior Sub Judge, Bhatinda. However, on being returned due to lack of territorial jurisdiction this has been presented in this Court. The plaintiff wants that the disputes be referred to an arbitrator.

(2.) Briefly the facts are that the work of construction of external services in Phase-III at NFL Township (civil) Bhatinda was awarded to the plaintiff on the terms and conditions of the tender notice and a formal agreement was also entered into between the parties. The work was to start on 3rd September, 1981, and was to be completed in 15 months on 3rd December, 1982 but it was actually completed on 31st December, 1983. The plaintiff used to submit his running bills from time to time; payments against these bills were made and final bill was submitted on 6.2.84 against that payment was made on 11.6.1984. The plaintiff had furnished a "No Claim Certificate" at the time of payment of the Final Bill in full and final settlement of his claims.

(3.) The plaintiff has alleged that during the execution of the work on the verbal orders of the officers of the defendant he had executed extra items of work over and above the agreed works for which he was orally assured that payment for these extra items of work would be made after the completion of the work; payments 'on account' were made and the payment against the final bill was made after making deductions arbitrarily and illegally and the receipt for full and final payment was obtained by putting pressure and coercion. As payment for the extra items of work has not been made in the final bill, he vide his letter dated 16.1.1985 made claim in respect of those extra items of work as per details given in Annexure-A but the respondent repudiated this claim in their letter dated 18.3.1985. His demand for reference of the disputes for arbitration was also refused. Hence this petition.