] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arb. Case No. 130 of 2008 Date of decision: 19.5.2011 Dilbagh Singh …..Petitioner vs. The General Manager, North Western Railway …..Respondent CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. John Kumar, Advocate for the petitioner. Mr. Puneet Jindal, Advocate for respondent. HEMANT GUPTA, J Petitioner has sought appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation, Act, 1996 (for short the ‘Act’) in respect of the dispute arising between the parties with regard to tender No. JP/2005-06/32 Rewari for construction of New High Level Platform at Rewari vide the letter dated 27.7.2005. It is the case of the petitioner that the scope of work was enhanced by the respondent and extra work to the extent of Rs. 54,00,000/-was carried out by the petitioner. But neither the said amount nor the 15% profit on the said extra work has been paid to the petitioner. The petitioner is stated to have served a legal notice on 30.3.2007 for appointment of an Arbitrator. But since, no Arbitrator has been appointed by Arb. Case No. 130 of 2008 this Court, the petitioner invoked the jurisdiction of this Court. In reply, respondent has pointed out that the petitioner has given Final Settlement certificate on 27.7.2005. Copy of which is annexed as Annexure R-I. Such document was filed before this Court along with the written statement dated 3.8.2009. The petitioner has not disputed such Final Settlement/No Claim Certificate signed by the petitioner. In view of the judgment of Hon’ble Supreme Court in Civil Appeal No. 7970 of 2010 titled as Union of India and others vs. Hari Singh, decided on 10.9.2010, the petitioner cannot be permitted to raise dispute having accepted full and final settlement. Consequently, I do not find any case is made out for appointment of an Arbitrator. Dismissed. (HEMANT GUPTA) JUDGE 19.5.2011 preeti 2