I. P. Mukerji, J. - (1.) I have had the privilege of going through the draft judgment prepared by my brother, Mr. Justice Md. Nizamuddin. I say that I am entirely in agreement with the conclusions reached by his lordship and the order that he proposes to pass. However, I would like to add a few observations of my own.
(2.) The area of dispute between the parties was considerably narrowed down by the certificate dated 13th October, 2015 issued by the appellant Company ("the appellant") stating that they had no claim arising out of the agreement in question "except release of Security Deposit and Price Variation Clause .................. and accepted the measurement as full and final................................. We/I will not seek arbitration for the work against above mentioned agreement"
(3.) The Railways had no complaint whatsoever against the appellant contractor. The work was completed on 4th July, 2013 to their satisfaction. They issued a work completion certificate on 16th May, 2014, stating this. They did not make any claim against the appellant in the period after the issuance of the completion certificate till date which is about 6 years. It can be safely said that they have no claim against the appellant.;