THOMAS V M Vs. TATA PROJECTS LTD

JUDGEMENT

(1.) The question which arises for consideration in this application is as to whether having regard to the settlement arrived at between the parties on 12-9-1998, the arbitration agreement contained in clause 56 of the contract survives. Certain facts are not disputed. The parties entered into a contract for civil and structural work for gas lift facilities at CPF, Gandhar. The agreement contained an arbitration clause which is in the following terms:

(2.) Disputes and differences having arisen between the parties, discussions were held between them with regard to the said disputes and differences on 11-8-1998 and 12-8-1998 and they entered into a final settlement which is to the following effect:

(3.) Pursuant to and in furtherance of the said agreement the petitioners herein have executed a No Claim Certificate stating: