C.R. No. 4790 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 4790 of 2009 Date of Decision: September 18, 2009 State of Punjab …..Petitioner Vs. M/s A-One Const. Company Pvt.Ltd. and another …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.N.S. Pawar, Addl. A.G., Punjab. for the petitioner. -.- M.M.S. BEDI, J. (ORAL) The award of the Arbitrator dated September 21, 2000 was made Rule of the Court vide order dated August 20, 2004 by Civil Judge (Junior Division), Chandigarh. When the execution petition was filed, the petitioner-State filed objection petition on the ground that the execution claim for hard rock cutting etc. had been wrongly worked-out. The Executing Court dismissed the objections vide order dated June 2, 2008, annexure P-4. Vide order annexure P-3, passed by District Judge, C.R. No. 4790 of 2009 [2] Chandigarh, dated February 6, 2009, an appeal against the order dated August 20, 2004 making the award Rule of the Court has been upheld. State counsel has argued that the contractor had received the payments and measurements without protest as such the claim was not maintainable before the Arbitrator. He has also raised arguments pertaining to the claims which have been allowed by the Arbitrator. After going through the order passed by the Courts below, I am of the opinion that the plea which has been raised in the revision petition was neither raised nor it has been adjudicated upon. Even otherwise, the acceptance of payments and measurements by a contractor will not debar a contractor to refer the dispute to the Arbitrator and seek an award. No ground is made out for interference. Dismissed. September 18, 2009 (M.M.S.BEDI) sanjay JUDGE