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    <title>2008 (3) TMI 727 - Supreme Court</title>
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    <description>Acceptance of a final bill does not by itself amount to waiver or estoppel against further contractual claims unless there is a clear and unequivocal declaration that no further claim will be made, so the contractor could still pursue its claims. An arbitrator must act within the contract and cannot ignore express clauses governing extra work, prolongation loss and escalation; where those contractual preconditions were disregarded, the award on the challenged items was vulnerable for jurisdictional error and was remitted for fresh arbitration. An omission to award interest from the date of decree was not a clerical or arithmetical mistake and could not be corrected under section 152 CPC, so the High Court had no revisional jurisdiction to grant that relief.</description>
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      <title>2008 (3) TMI 727 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=189800</link>
      <description>Acceptance of a final bill does not by itself amount to waiver or estoppel against further contractual claims unless there is a clear and unequivocal declaration that no further claim will be made, so the contractor could still pursue its claims. An arbitrator must act within the contract and cannot ignore express clauses governing extra work, prolongation loss and escalation; where those contractual preconditions were disregarded, the award on the challenged items was vulnerable for jurisdictional error and was remitted for fresh arbitration. An omission to award interest from the date of decree was not a clerical or arithmetical mistake and could not be corrected under section 152 CPC, so the High Court had no revisional jurisdiction to grant that relief.</description>
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