schedules. The work was completed by the contractor on 15.6.1975. The
final bill in respect of the work was prepared ... that the work was completed on 15.6.1975,
final measurement was taken on 16.6.1975 and the final bill was signed by
the contractor under protest
Kayamkulam. Upon completion of the work the respondent
herein submitted final bill which was allegedly not accepted by the
appellant, whereafter they themselves prepared ... submitted a pre-final bill
in November itself but the authorities
denied the bill and insisted final bill.
But when the alleged final bill
contract. Pawanhans thereupon advised the
contractor to submit a final bill which too was submitted. The
bill was verified by Pawanhans and referred ... repelled the arguments of the
respondent that after having submitted the final bill on 25th
October 1991, it was not open to the appellant herein
said
contractor completed the work on 29.12.2007, and that the final bill of the
said alternative agency was settled on 7.5.2008. On that basis ... within five years of completion of work,
and alleges that the final bill was drawn up and payments were made within
three years before
respondent under protest and when appellants
officials failed to clear 7th final bill until the respondent put a line
over “under protest” and signed ... specific and final claims in writing, within a
period of 90 days of receiving the intimation from the
Railways that the final bill is ready
subsisting claims are :-
"Claim No. Rs.
1. Payment of final bill 2,18,862.42
2. Payment of P.O.L. escalation ... call for.
On the first claim regarding non-payment of the
final bill, reliance was placed by the parties before the
arbitrator on a joint
full and final payment has been
received by the contractor voluntarily after submission of `no-claim
certificates' and the final bill, and (ii) that ... been full and final settlement
14
of the contractor's claim under the contract. That the payment of
final bill was made
offered that they would give rebate of
3/4% provided the final bill be paid within three months from
the date of completion ... final
settlement and adjustments of the accounts of otherwise, or
in any other way vary or affect the contract. The final bills
shall be submitted
final due. In reply thereto the respondent in para No. 7(v) of their counter affidavit have pleaded that the respondent prepared the final bill ... Correctness of the bill by itself does not necessarily imply that the bill has been paid. The dispute remains until the bill is fully paid
full and final settlement of all its claims and without any reservations. Further in the one case where the final bill has not been paid ... view also of the receipt of final payment in full and final settlement of the bill, the contract had come
