1 ARBAP109.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 109 OF 2007 M/s. Ghai Construction Co. ... Applicant Vs 1. Union of India & anr. ... Respondents Mr. Toni S. Sachdevani for the Applicant. Mr. Suresh Kumar for the Respondents. CORAM : S.J. VAZIFDAR, J. DATED : 15TH JULY, 2010. P.C. : 1. This is an application under section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator. 2. The Applicants admit, not only that the final bill was issued, but that it was signed by them on 24th December, 2000. In the letter invoking the arbitration, it is alleged that the final bill was forwarded 2 ARBAP109.07 by the Executive Engineer to the Deputy Chief Engineer on 23rd August, 2001 for passing and arranging payment to the Applicant, but that the same remains to be paid. If the claim had been restricted only to the amounts certified in the final bill, the Respondent would have no objection to paying the same. 3. However, what is sought to be referred to arbitration now are claims for alleged breach of contract on the part of the Respondent. In view of clause 64(1)(iv) of the General Conditions of Contract, the same are long-barred. The Respondent has, by virtue of the said clause itself, been discharged and released of all liabilities. 4. In the circumstances, the Arbitration Application is dismissed.