K.R. TRADERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Section 11 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997, for appointment of an independent arbitrator to settle and adjudicate upon the dispute arising out of a contract agreement arrived at between the parties, bearing No. 10-A/Cs/Dy.CE/C/PTK dt. 1.3.2008. The issue that arises for consideration is as to whether the petitioner can seek such a reference in view of execution of a supplementary agreement dt. 7.5.2011, between the petitioner and the respondent No. 3-Dy. Chief Engineer/Const., Northern Railways, Pathankot, whereby the petitioner had accepted a sum of Rs. 52534/-, as mentioned in the said agreement in full and final settlement of his dues under the principal agreement.

(2.) The contract in this case was for unloading of PRC sleepers, Rails, Rails from Railway BFR at Chhann Arorian, Hira Nagar, Vijaypur, Jammu Yard etc., as also leading and stacking of PRC sleepers, Rails at various locations from Ghagwal to Budhi Station and transportation of Miscellaneous P. Way material in connection with doubling from JRC-PTK-JAT section.

(3.) The contention of the respondents is that having executed the supplementary agreement and having received the amount without any objection or demur, the petitioner cannot now turn around and seek reference after everything had been concluded between the parties as reflected in the supplementary agreement.