R.F.NARIMAN,J. - (1.) Leave granted.
(2.) These appeals arise out of applications under Section 11 of the Arbitration and Conciliation Act, 1996 ["Arbitration Act"]. On 02.09.2000, the appellant before us, Secunderabad Cantonment Board ["Appellant"], floated a notice inviting tender ["N.I.T."] for an annual term contract for: 1. Repairs to Main Roads (Resurfacing with Centralised with Hot Mix Plant and Paver); 2. Repairs to Main Roads (Widening of Roads with Centralised Hot Mix Plant and Paver); 3. Repairs to Internal Roads (Resurfacing with Hot Mix Paver and Plant).
(3.) Pursuant to the aforesaid N.I.T., three agreements were entered into with the respondent, M/s Ramachandraiah and Sons ["Respondent"], the first one dated 23.09.2000 and the other two dated 17.09.2001. Clause 5 of each of the aforesaid agreements, which is in identical terms, is important and reads as follows: "5. Final Bill: The Contractor shall submit his final bil of the work with full and complete measurements showing the deductions on account of part payments received and stores supplied by the Board cost of water and any other items received by him under the contract within 08 days from the date of completion and handing over the work. The contractor shall also submit alongwith his bill a no claim certificate stating that there are no claims from the cantonment board on account of the work undertaken and completed by him under the contract and that no claim thereafter shall be entertainable. The bill shall also contain a statement showing the justification of cement consumed by the Contractor." ;