UNION OF INDIA Vs. SAGAR CONSTRUCTION COMPANY

JUDGEMENT

(1.) Heard finally.

(2.) The petitioners have invoked Section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act) thereby, challenged the award whereby, the learned Arbitral Tribunal has granted partially three claims i.e. claim Nos.l, 2 and 8 out of 10 claims and thereby rejected all other claims.

(3.) So far as, the submissions with regard to no claim certificate based upon clause 65 of the contract condition, the learned Arbitrator after going through the material, as well as, the documents on record, has dealt with in detail and rejected the case of the Petitioners for want of substantial material to support their case. The reasoning so given just cannot be said to be perverse and especially as it is based upon condition of the Contract and the facts and specially when it is based upon the judgment of the Apex Court National Insurance Co. Vs. Boghara Polyfab Pvt. Ltd.,2008 ALLSCR 2533 whereby it has been held that the claim can be raised even after signing the "No claim certificate" and/or "No further claim". The claim so raised after signing of the final bills is distinguished as per the conditions in question and hence, is arbitrable as per the principle of equity and fair justice. The submission that, no such claim was raised/ agitated, on or before the Officer, in the present facts and circumstances, is unacceptable.