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2000 Supreme(P&H) 1383

R.L.ANAND
Ajit Prasad Jain – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. J.S. Saini, Advocate.

JUDGMENT

R.L. Anand, J. - This is a Civil Revision under Article 227 of the Constitution of India read with Section 151 of the Code of Civil Procedure, through which the challenge has been given to the order dated 27.1.2000, passed by the Civil Judge (Sr. Division), who, dismissed the application of the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996, for the reasons given in paras No. 7 and 8 of the impugned order, which read as under :-

"It is not disputed between the parties that the work was completed by the applicant on 25.9.1992 and final bill Ex.P.5 was signed by him on 24.3.1993 without any protest. A glance over the final bill would also show that applicant has signed a certificate in the end to the effect that he has performed the work under the condition of CWE(P)/CHM-26/86-87 beyond the amount of this Bill. Applicant-Ajit Prasad Jain AW1 during his cross- examination has clearly admitted that he has authorised his attorney-Rajinder Kumar to sign the aforesaid bill on his behalf. It will also be seen that the applicant, admittedly, also wrote a letter Ex.P7 dated 4.9.1995 to the respondent No. 3 submitting "No Demand Certificate" duly complete






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