LAWS(P&H)-2000-11-125

AJIT PRASAD JAIN Vs. UNION OF INDIA

Decided On November 15, 2000
AJIT PRASAD JAIN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS is a Civil Revision under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, through which the challenge has been given to the order dated 27.1.2000, passed by the Civil Judge (Sr. Division), who, dismissed the application of the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996, for the reasons given in paras No. 7 and 8 of the impugned order, which read as under :-

(2.) I have gone through the cited judgment but in my opinion, this judgment can be made distinguishable without any difficulty. In the present case, the work was completed by the contractor on 25.9.1992 and he gave the final bill on 24.3.1993 without any protest. So much so it has been clarified by the trial Court that the contractor even signed the certificate at the end of the bill that he had performed the work under the condition of the contract for which the payment was being claimed and that he had no other claim beyond the amount of this bill.