form)
acknowledging receipt of Rs.2,33,94,964/- in full and final
settlement, no amount would be released towards the claim; that in
that ... that the contractor had unconditionally acknowledged the final
measurement and accepted the payment in full and final settlement of
the contract on 19.5.1981; that thereafter
that the contractor having accepted the amount in full and final settlement of its claim, there does not exist any dispute as to any claim ... respectively in full and final settlement of their claims towards the work of construction of the Airlines house at Pune. The learned Judge held that
approve this figure of Rs.4,30,91,103/- in full and final
settlement before releasing the balance. The contention of the non-objector ... letter dated 18.12.1998,
immediately after signing of the alleged full and final settlement voucher,
wrote that the voucher had been got signed under economic duress
contractor agrees to accept the amount offered to him in full and final settlement of the said claim and by way of mutual arrangement between ... under the aforesaid Government letter as and by way of full and final settlement of my claim submitted by me under my letter
same day for the Petitioner's 19th and final bill for full and final settlement. However, it appears that a copy of the said ... towards full and final settlement of the 19th and final bill, and additionally release a sum of Rs.10 lakhs towards full reimbursement of work
Whether the execution of a discharge voucher towards the full and final settlement
between the parties would operate as a bar to invoke arbitration ... said letter.
The counsel finally submitted that a discharge voucher for effecting the full
and final settlement in relation to the second claim was also
accepted an
amount of ₹ 12,18,21,908/- towards full and final settlement of the
claim due to it. Having thus executed and signed ... settlement and avoid
litigation, voluntarily reduces the claim and requests for
settlement. The respondent agrees and settles the claim and
obtains a full and final
invoking the doctrine of res judicata and urging that
after full and final settlement of disputes and passing of the Consent Award,
there ... existence of valid arbitration agreement between the
parties; and (b) full and final settlement entered into between Petitioner and
Respondent No.1 culminating into
rejected Sukumar's plea that the final bill
was accepted by DDA in full and final settlement and held that payment of
only undisputed ... bill form with the remarks:
"Final bill and measurement accepted as full and final settlement of
accounts". Thereafter, the 10 CC Bill
undertakings / amicable settlement, relied upon by the non-applicant as full and final settlement, were obtained by the non-applicant under the influence and coercion ... contractor agrees to accept the amount offered to him in full and final settlement of the said claim and by way of mutual arrangement between
