1. In this Appeal under Section 37 of Arbitration and Conciliation Act, 1996, referred to as "Act" hereafter, appellant contractor challenges the judgment dated 3/7/2006 delivered by the Principal District Judge, Nagpur in Misc Civil Application 157/2004 filed before him under its Section 34 for quashing and setting aside of order dated 28/1/2004 passed by sole arbitrator accepting the defence of present respondent employer WCL that because of accord and satisfaction there was no arbitrable dispute between parties. Sole Arbitrator has delivered the order dated 28/1/2004 after appreciation of evidence produced by parties and after hearing the arguments. The parties point out from various earlier orders of this Court that appeal is to be heard finally at admission stage. Accordingly "Admit". Rule made returnable forthwith and heard finally by consent.

2. It is not in dispute that contractor was successful in tender process for work regarding excavation, transportation and spreading of earth at colliery of respondent employer WCL. Work began as per schedule and agreement no. 194/1999 -- 2000 signed between parties. Contractor continued to get payment through running account