P KUMARAN Vs. EXECUTIVE ENGINEER WORKS DIVISION

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) UNFORTUNATELY , the first Respondent has made various incorrect statements in the affidavit in reply. In the present case, admittedly, at no point of time, Applicant was intimated that Final Bill was ready for payment. It is also an admitted fact that at no point of time the Applicant has received any amount on the basis of the bill which was prepared in the year 1991. Yet, this Application for referring the matter to the Arbitrator is opposed.

(3.) THEREAFTER , by letter dated 8th April, 1991 (Exh.P-7) the Petitioner intimated the Executive Engineer that the Final Bill of the work prepared by the Division was not acceptable to him because several sums of monies due have not been included in the said Final Bill and therefore the Final Bill was signed under protest. This was required to be written because on 15th March, 1991, (Exh.P-2 to the Affidavit in Reply filed by V. S. Savant), a Final Bill containing number of blanks is produced on record to indicate that Final Bill was prepared and was signed by the Applicant. It is not disputed that on the said final Bill, the Applicant has put his signature. It also bears an endorsement "accepted under protest". Thereafter, Applicant wrote a letter dated 8th June, 1991 raising number of contentions and calling upon the Respondents to settle and pay the amount claimed therein and also stated that if the amount is not paid, the disputes and differences be settled by arbitration as per the provisions of Contract. Again he wrote a letter on 14th June, 1991, Exh.P.9 for similar request. To this letter, the Executive Engineer by his letter dated 14th October, 1991 replied that it was felt that the Applicant's claim will be settled by mutual discussion and therefore the Applicant was requested to attend the office for discussion immediately. On the basis of the said letter, meeting was held in the chambers of the Executive Engineer on 29th October, 1991. At that time the Divisional Accountant was also present. On the basis of that meeting, Applicant wrote a letter dated 31st October, 1991, Exh.P.11 to the Executive Engineer wherein it has been stated as under :