R CHANDRAVELU Vs. SUPERINTENDING ENGINEER AND ANOTHER

JUDGEMENT

(1.) The appeal is directed against the order of the learned Judge dated 9.1.1998 in O.P.840 of 1995 wherein the Award of the Arbitrator passed in favour of the appellant was set aside.

(2.) The short facts necessary for the disposal of the appeal are: The appellant entered into a contract on 29.7.1988 for the construction of a retaining wall. The estimate of the work was Rs.16,84,631-70. The tender value was less by 24% at Rs.12,79,553-25. Since the work was not completed even beyond the extended time, the contract was terminated. According to the appellant 70% of the work had been completed as on the date of termination i.e., in February, 1991.

(3.) The appellant raised a dispute for the enhanced claim in respect of the work completed. The matter was referred to the Arbitrator. Before the Arbitrator, the respondent raised an objection that the appellant signed the bill in full settlement of the claim and received the amount and as such it is not open to him to claim any enhanced amount.