Judgment

Dalveer Bhandari, J.

1. Delay condoned.

2. Leave granted.

3. This appeal is directed against the judgment and order dated 12.01.2007 passed by the High Court of Punjab and Haryana at Chandigarh in Arbitration Case No.34 of 2004.

4-5. Brief facts which are necessary to dispose of this appeal are recapitulated as under:

The respondent contractor was awarded a contract by the Northern Railway vide Contract Agreement No.74-W/1/1/307/WA/CDG dated 01.05.2002, for execution of "Earthwork in formation in filling Construction of all minor bridges within the Zone, including retaining wall, side drains and other protection works and allied works in Zone No.8 from Km.25 to Km.42 in Punjab area in connection with new BG Rail Link from Chandigarh to Ludhiana". The Contract Agreement also provided for execution of Supplementary Agreement. The contract was executed by the respondent and the entire amount due and payable to the contractor - respondent was paid to him by a Supplementary Agreement dated 27.04.2004, which reads as under:

"SUPPLEMENTARY AGREEMENT

Article of agreement made this day 27th April in the year two thousand four between the President of India, acting through the Nor