LAWS(SC)-2004-1-77

CHAIRMAN AND M D N T P C LIMITED Vs. RESHMI CONSTRUCTIONS BUILDERS AND CONTRACTORS

Decided On January 05, 2004
CHAIRMAN AND M.D., N.T.P.C.LIMITED Appellant
V/S
RESHMI CONSTRUCTIONS, BUILDERS AND CONTRACTORS Respondents

JUDGEMENT

(1.) This appeal which arises out of a judgment and order dated 23-11-2001 passed by the High Court of Kerala at Ernakulam revolves round the question as to whether an arbitration clause in a contract agreement survives despite purported satisfaction thereof.

(2.) The parties to this appeal entered into an agreement for a project at Kayamkulam. Upon completion of the work the respondent herein submitted final bill which was allegedly not accepted by the appellant, whereafter they themselves prepared the final bill and forwarded the same along with a printed format being a "No Demand Certificate." The said "No Demand Certificate" was signed by the respondent herein which is in the following terms :

(3.) However, on the same day a letter dated 20-12-1990 was written by the respondent to the appellant stating :