1 ARBAP127.07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 127 OF 2007 Mr. Muzaffar Khan ... Applicant Vs 1. Union of India & anr. ... Respondents Mr. Toni S. Sachdevani i/b Vikas R. Hukmani 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 5th March, 2006. The Applicant, however, invoked the arbitration only on 27th December, 2006. There, 2 ARBAP127.07 therefore, is no live claim. It is a long-barred claim in view of clause 64 (1)(iv) of the General Conditions of Contract. Under that clause, the Respondent is discharged and released of all liabilities under the contract i.e. the Applicant is deemed to have waived all the claims. 3. The allegation in the letter invoking the arbitration clause that the final bill was signed under coercion would make no difference for the obvious reason that the coercion is alleged, not as regards making of the claim, but only as regards the signing of the final bill. 4. In the circumstances, the Arbitration Application is dismissed.