JUDGMENT :

K. M. JOSEPH, J.

1. A contract was entered into between the parties for the repair of bathrooms and other allied works on 02.07.2001. It would appear that time was extended up to 19.01.2002. The respondent-Contractor submitted final bill on 13.02.2002. It contained a No Claims Certificate. The said amount claimed by the respondent apparently was not paid immediately. The respondent it would appear made several reminders regarding the non-payment of the final bill for a period of one year. Following many reminders by the respondent regarding the non payment of the final bill, according to the respondent, it sent a list of additional claims on 25.02.2003 and in the said letter, claimed that the letter and the Final bill should be considered as under protest. The respondent signed affidavit dated 24.05.2003 which according to the respondent was prepared by the appellant and which provided for the withdrawal of the letter dated 25.02.2003. An undertaking was also got signed from the respondent on 12.09.2003. Thereafter, respondent on 14.11.2003 revoked the affidavit and undertaking on account of non payment of the bill and purported to give the final notice invoking the arbitr