VIPINBHAI R PAREKH Vs. GENERAL MANAGER WESTERN RLY

JUDGEMENT

(1.) The contract between the parties which contained clause was brought to an end by the plaintiff. The other acted upon the representations made by the plaintiff in his Both the sides treated the contract as concluded and having been terminated. Even in such a situation much time after the termination of the contract can a dispute which may fall within the scope of arbitration clause be referred to an arbitrator as claimed by the plaintiff? This is the question which is required to be answered in this first appeal filed by the original plaintiff who had filed an application under sec. 20 of the Arbitration Act and whose application has been rejected by the trial court.

(2.) The facts in brief leading to this appeal are as follows:

(3.) After the aforesaid certificate was given the entire amount as per the final bill was paid to the appellant and that was some time in December 1974. Thus far there is no dispute. However on 13/10/1977 the appellant wrote a letter addressed to the General Manager Western Railway and claimed that he was entitled to receive damages from the opponent as according to him the Railway had committed breach of contract and that he was entitled to damages from the Railway Administration. Therefore he requested that the matter be referred to the Arbitration. The letter was replied to by the Railway Administration on 22/04/1978 and the Railway Administration rejected the request made by the appellant inter alia on the ground that the appellant had already given no claim certificate Exh. 43. Hence the appellant plaintiff filed an application under sec. 20 of the Arbitration Act and prayed that the dispute be referred to an Arbitrator and the Arbitrator be directed to file the award in court.