TaxTMI 
TaxTMI 
1993 (10) TMI 346
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....er amounts was rejected on August 12, 1981. Therefore, he wrote a letter on April 13, 1984 requesting the respondent to settle his claim within a period of one month from the date of its receipt. Though the respondent promised in their letters dated November 10, 1984 and March 7, 1987 to refer the dispute for arbitration, no action in that behalf was taken under Clause 57 of the Contract. On his application under Sections 8, 11 & 12 of the Arbitration Act, 1940 for short 'the Act', Vth Additional Judge, City Civil Court, Hyderabad, after hearing the parties, appointed Shri P Chennakesava Reddy, retired Chief Justice, Guwahati High Court as an Arbitrator. The A. P. High Court in C.R.P. Nos. 838 & 839/90 by judgment dated October 31, ....
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.... Counsel for the respondent, contended that the arbitration would arise only when there is a subsisting dispute or difference between the parties. Once there is a settlement of the claims admittedly made by the appellant, there is no pending dispute and the question of arbitration of the dispute thereafter does not arise. In view of the fact that the appellant admittedly accepted the payment in full and final settlement, there is no arbitrable dispute for reference. He also contends that the claim is barred by limitation. 4. The view which we have taken, it is not necessary to go into the question of limitation. The High Court has recorded as a fact that admittedly the appellant on May 19, 1981, had made an endorsement in his own h....
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....nal Thermal Power Corporation Limited, and that he had to deal with the matters to which the contract relates and that in course of his duties as such he had expressed views on all or any of the matters in disputes of difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason as aforesaid at the time of such transfer, vacation of office or inability to act, Chairman & Managing Director, National Thermal Power Corporation Limited shall appoint another person to act as arbitrator in accordance with the terms of the contract. It is also a term of this contract that no person other than a persons appointed by C.M.D., N.T.P.C. Ltd. as aforesaid should act as....
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....rn of the deposit amount finally settled the claims of the respondent. No doubt the respondent was asked to submit his bill along with a receipt stating that he received the payment in full and final settlement of all payments and that there was no other claim. But the respondent while submitting his bill did not give the receipt as desired. The amount of the bill was, however, paid after receipt of which the respondent claimed further sums from the appellant including damages for repudiation of the contract. (emphasis supplied) 8. On those facts, this Court held that although there was alleged payment as final satisfaction of the contract, yet as the respondent did not give any receipt accepting the settlement of the claim, the pa....