LAWS(P&H)-2024-7-25

WELWAYS ENGINEERS Vs. UNION OF INDIA

Decided On July 15, 2024
Welways Engineers Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By way of instant petition filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (for short "the Act"), petitioner has approached this Court for appointment of an Arbitrator to adjudicate the disputes between the parties.

(2.) Counsel for the petitioner submits that the petitioner was awarded a work for provision of 2 M.W. Solar Energy Project at Ferozepur Cantt. by the respondents vide letter dtd. 5/8/2017, Annexure P-2. He submits that the work was completed on 29/6/2019 within the period as extended by the respondents. He submits that the petitioner submitted a final bill dtd. 18/5/2020, Annexure P-4, along with some additional claims, but by their communication dtd. 30/5/2020, Annexure P-5, respondents rejected some of the claims. He submits that petitioner was coerced into issuing a No Claim Certificate as per the respondents were not released releasing the payment. He submits that a chain of correspondence ensued between the parties and the petitioner invoked the arbitration clause by serving notice dtd. 25/1/2022, Annexure P-17 and by their reply dtd. 19/2/2022, Annexure P-19, respondents informed him that no further claims can be entertained after the submission of the final bill.

(3.) Upon notice by this Court, petition has been contested by the respondents by filing a reply, wherein it has been submitted that Clause 70 of IAFW-2249 contains a stipulation that a person to be appointed as an Arbitrator must possess an Engineering Degree or its equivalent. It has been further submitted that due to accord and satisfaction, petitioner is not entitled to any additional claim. A stand has been taken that as the petitioner has submitted a "No Claims Certificate" and has received the payment without any protest, he is not entitled to any additional amount. Counsel for the respondents has made a reference to Clause 65 and 66 of IAFW-2249 to submit that after the payment of the final bill, no further amount is due to the petitioner.