BHARAT ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) IT is not disputed that the final bill was presented by the appellantcontractor on 13.2.2002. The final bill against the claim application of the Contractor in respect of the contract agreement was paid on 25.11.2003 vide Voucher No.21/1307/BR -II. The Engineer -in -Chief certified that the maintenance/guarantee period of the contract expired on 18.1.2003. The Arbitrator made an award in favour of the Contractor and against the employer by his reasoned award dated 16.7.2009. The respondents feeling aggrieved by the award filed objections under Section 34 of the Arbitration and Conciliation Act, 1996 (for short "the Act") before the District Judge, Chandigarh. The District Judge, Chandigarh has non -suited the Contractor and reversed the award by holding that the Contractor's claim was deemed to have been waived and stood extinguished by virtue of Clause 65 -A of the Contract agreement. Clause 65 -Khan Md. Firoz A reads as follows: -

(2.) CLAUSE 65 of the Works Contract would also have some bearing on the case since it also contains disclaimer, and is, therefore, reproduced below: -

(3.) THE Contractor shall be entitled to be paid the final sum less the value of payments already made on account, subject to the certification of the final bill by the G.E.