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TMI Blog1993 (10) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... legation of coercion is an after thought and a devise to get over the settlement of the dispute, acceptance of the payment and receipt voluntarily given. In Russal on Arbitration, 19th Ed., p. 396 it is stated that "an accord and satisfaction may be pleaded in an action on award and will constitute a good defence." Accordingly, we hold that the appellant having acknowledged the settlement and also accepted measurements and having received the amount in full and final settlement of the claim, there is accord and satisfaction. There is no existing arbitrable dispute for reference to the arbitration. The High Court is, therefore, right in its finding in this behalf. The appeals are dismissed but in the circumstances without costs. - SLP(C) 15 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of rejecting the claim, the claim was barred by limitation, and set aside the order of the Civil Court giving rise to this appeal. 3. Shri A.N. Parikh, the learned Senior counsel for the appellant, contended that the appellant had not unconditionally acknowledged the full and final settlement of the claim and that he immediately wrote a letter on June 1, 1981 disputing the settlement and thereafter number of representations were made requesting the respondent to refer the dispute for arbitration. The Chief Construction Manager in his letter dated November 16, 1984 admitted that the respondent was taking steps to refer the dispute to the arbitration. Therefore, the respondents are estopped from assailing the appointment of arbitrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use 57 of the contract providing arbitration reads as under: Clause 57. Except where otherwise provided for in the contract all questions and disputes relating to the meaning of the specification, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claims right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution of failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be referred to the sole arbi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and instructions hereinbefore mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claims, right, matter or things whatsoever, in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution of failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof shall be referred to the sole arbitration of the General Manager of the N.T.P.C. Ltd. On his inability or unwillingness, another arbitrator appointed by C.M.D. alone has to arbitrate the dispute. Thus it is clear that if there is an arbitrable dispu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aying the general law held that if the bill was prepared by the department, the claim gets weakened. That was not a case of accord and satisfaction but one of pleading bar of limitation without prior rejection of the claim. Therefore, the ratio therein is of little assistance. The Calcutta High Court merely followed the statement of law laid in Ahuja Co. 's case. It is not shown to us that the Chief Construction Manager was competent to acknowledge the liability or an authority to refer the dispute for arbitration. So neither his letters binds the respondent nor operates as an estoppel. Admittedly the full and final satisfaction was acknowledged by a receipt in writing and the amount was received unconditionally. Thus there is accord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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