- (1.) The core question springing up for consideration is as to whether after full and final settlement of the claim, the matter is still arbitrable '?
(2.) The applicant firm completed the work as per contract agreement and final bill was drawn. The payment of final bill was received by the applicant-firm on January 13, 2005. However, being dissatisfied with the decision of Engineer concerned, a notice was issued by the applicant-firm on April 16, 2005 in accordance with the provisions of Clause 21.2 of Section IV (Contract Data) expressing intention to commence arbitration for settlement of the dispute. When no action was taken by the respondent, the applicant-firm filed the instant application under Section 11 of the Arbitration and Conciliation Act, 1996.
(3.) The respondents in their reply averred that since the applicant-firm accepted the payment without any objection/protest, they now cannot ask for arbitration.;