- (1.) Heard Sri S.K. Misra, learned counsel for the petitioner and Ms. Rishu Mishra, learned counsel for respondent No.2.
(2.) The respondent No. 2 entered into a contract on 8.1.1993 which contains an Arbitration Clause. Certain work as per the work order was completed by the plaintiff contractor on 12.8.1993. Final bill was submitted by the Contractor and was paid to him on 24.3.1995. By a letter dated 12.9.1994, the Contractor invoked condition no. 17 of General conditions of the contract and requested for appointment of Arbitrator to adjudicate in the matter of payment of final bill dated 28.9.1993. By a letter dated 12.8.1995 the appointing authority had declined to refer the matter for arbitration stating therein that the contractor had signed the bill and received payment without protest, as such the case was not referable to arbitration. Thereafter the contractor wrote several letters demanding the matter to be referred for arbitration. The department opened the case of the contractor and decided the claim thereafter and request of the contractor for appointment of the arbitrator vide letter dated 10.5.1997 has been rejected. It was stated that the claim made by the contractor was an after thought as the residual amount of final bill of Rs.48,656/- has already been paid to him on 24.4.1994. On 18.10.2000, the contractor moved an application under Section 20(4) of Arbitration and Conciliation Act, 1940 in the Court of Civil Judge(Senior Division), Agra for referring the dispute to Arbitrator. His claim was contested by the petitioner on the ground that the application itself was not maintainable as per clause 65 of General Conditions of Contract of IAFW2249. The matter has become barred by time as final bill has been paid in the year 1994-95. Vide judgment and order dated 23.7.2002, the Court below has rejected the application of the contractor under Section 20(4) of the Act for appointment of Arbitration.
(3.) Aggrieved, the contractor preferred a Civil Appeal No.152 of 2002 which was allowed on 21.2.2006. Hence this writ petition.;