( 1 ) THIS is an application under s. 47 of the code of civil procedure, 1908 (hereinafter referred to as "the cpc. " ). The judgment-debtor (union of india, through the general manager, south eastern railway. Garden reach) has filed this application.

( 2 ) BRIEFLY stated, the facts relevant for disposal of this application are these. In terms of a contract executed between the judgment-debtor and the award-holder on february 25th, 1886 the award-holder was engaged for handling goods, parcels and luggage booked at itwari, kamptee, kanhan bhandara road, tumsar road and tirora stations. Clause 24 (b) of the contract provided as follows :"24 (B ). The contractor/contractors is/are required to give a no claim certificate before the security deposit is refunded to him/ them. The right to claiming any amount or disputing any decision shall be deemed to have been waived as soon as the security deposit is received back by the contractor/ contractors on submission of the no claim certificate. If, however, the contractor/contractors has/have any dispute or difference he/they should submit a list of such disputed items and the amount claimed against each for final settlement