SANDEEP KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This petition has been filed under Section 11(6) of the J & K Arbitration and Conciliation Act, 1997 for reference of the disputes mentioned therein to an independent arbitrator.

(2.) Respondents have filed their objections, in which a stand is taken that the petitioner is estopped from claiming reference of the disputes to an arbitrator in view of the fact that he had voluntarily issued a 'no demand certificate' dated 16th September, 2012 and has also received an amount of Rs.4,37,286/- as per the final bill after deduction of Rs.1,01,153/- on account of labour cess.

(3.) Counsel for the petitioner urged that the signatures of the petitioner on the final bill as also on the 'no demand certificate' was obtained under coercion as no payment is ordinarily made unless the contractor signs the blank final bill forms.