KAPOOR CONTRACTOR Vs. UNION OF INDIA

JUDGEMENT

(1.) <DJG>SANJAY KISHAN KAUL </DJG> .J. (Oral) The petitioner has filed the present petition under section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the said Act') seeking appointment of an Arbitrator qua the disputes arising from the contract inter -se the parties dated 27.10.2010 for the work of galvanized steel metallic false ceiling under side of exposed surface in existing tublar sheet at platform No. 2/3 of the Attari Railway Station. The petitioner was the successful tenderer of this contract and had been communicated so vide acceptance letter dated 11.09.2010. The arbitration clause inter -se the parties is as per the General Conditions of Contract, 1999.

(2.) THE petition is resisted by the respondents with the main defence arising from the supplementary agreement dated 05.09.2011 which acknowledges full accord and satisfaction of all the claims of the petitioner. This agreement is not in dispute. The contents of the agreement read as under: -

(3.) HAVING executed the supplementary agreement and accepted the amount in full and final satisfaction, there was silence on the part of the petitioner till the legal notice is stated to have been issued on 07.04.2012 followed by a reminder dated 24.12.2012. Thus it is only after eight months that the petitioner has woken up for his alleged further claim. There is, however, no reference to the supplementary agreement in any of these documents as conceded by learned counsel for the petitioner since he was called upon to point out. It is only in the replication for the first time, as conceded by learned counsel for the petitioner, while responding to the allegations of the respondents that the plea is sought to be raised about economic duress and pressure. Thus, this plea has been raised in the replication for the first time before this Court.