AHMEDABAD URBAN DEVELOPMENT AUTHORITIES Vs. M C DALAL

JUDGEMENT

(1.) The present appeal arises from the judgment and order dtd. 30/11/1999 passed in Civil Suit No.1121 of 1993 filed by the respondentoriginal plaintiff under the provisions of Sec. 20 of the Arbitration Act, 1940 (for short "the Act"), inter alia praying to direct the defendant to file arbitration agreement of contract containing arbitration clause in the court and to appoint an arbitrator in accordance with the aforesaid contract and to refer the claims and disputes against the defendant to arbitrate for adjudication an award on such terms and conditions as may be deemed fit by this Court.

(2.) Learned advocate Mr.Munshaw appearing for the appellantoriginal defendant-Ahmedabad Urban Development Authority (AUDA) has submitted that in fact the plaintiff had accepted full and final payment towards various services rendered by him for the AUDA Tower Project, which is incorporated in the communication dtd. 10/12/1991. It is submitted that after accepting the aforesaid amount totaling Rs.6,97,763.00 with an understanding that full and final settlement has been arrived at, it was not open for the plaintiff to file a suit under the provisions of Sec. 20 of the Act.

(3.) Learned advocate Mr.Munshaw has submitted that the direction issued by the court below for appointment of arbitrator could not have been issued since it is not that the plaintiff was doing some construction work, but was engaged as an Architect for the project of construction of Towers by the original defendant-AUDA. He has submitted that it was agreed upon between the plaintiff and the defendant to accept the full and final payment initially of Rs.3,11,000.00 against the profession service rendered for the AUDA Tower Project and against his bill of Rs.6,30,942.00. He has submitted that after receipt of the said letter below Exh.34, the further procedure of payment of Rs.3,11,000.00 was carried out by the AUDA and accordingly, the said amount was paid to the plaintiff towards the full and final settlement as earlier an amount of Rs.3,86,763.00 was also deposited in his account.