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Arbitration & conciliation act 1996

(Querist) 09 July 2015 This query is : Open 
Sir,

An application has been filed by the applicant u/s. 11 of Arbitration & Conciliation Act 1996 before the High Court for appointment of Arbitrator.

Facts of the Case:

The applicant is a building contractor and there was a work contract between him and our company for construction of building. Work done by contractor and submitted his final bill which accordingly measured in presence of contractor and bears signature on joint measurement as per which payment certification form was derived for certain amount which us to be payable by us. The same has been accepted by the applicant. On the basis of same a cheque was made by us on that amount. But, thereafter the applicant disputes that amount and made false and tall claims.


Our main defense is that there is no dispute at all as the applicant already accepted the amount on payment certification form by way of his signature over same. Hence, the petition is devoid of any substance and therefore it be rejected.

Kindly guide and provide some rulings in my favour.

Regards

Adv. S.A. Khan


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