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Darsh_KEWAT
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The present application under of the Arbitration and Conciliation Act 1996 (hereinafter referred to as the Act of 1996 for the sake of brevity) has been filed for appointment of Arbitrator for resolution of dispute arose between the parties arising out of an agreement contended by learned counsel for the applicant that the applicant has been awarded the work of Extension of platform of Katni- Singrauli Section and Extension of platform at Katni station Jabalpur Division. submitted that the dispute arose because of non-payment of amount for the work which has been applicant in terms of the agreement. The applicant has submitted respondents and NOC has been obtained from the applicant under duress. Thereafter, some other payments have been made in the year 2024. Counsel for the applicant submits that as per Annexure the payment has been made lastly in the year 2024 by the respondents, however, total amount was due to the tune of Rs.21 Lakhs but out of that amount therefore, dispute still exist between the parties and it is to be resolved by referring the matter to the Arbitrator. It is further submitted that the applicant is also entitled for some other payments which have not been paid. Per contra, learned counsel for the respondent has opposed the prayer on the ground that as the NOC (Annexure R/1) has been issued, the dispute is not arbitrable. It is further submitted that despite the NOC issued by the applicant, when it is found by the respondents that certain dues still remained unpaid, the respondents have paid the amount vide Annexure R/6 submitted that as the claim raised by the applicant has been settled by payment of the amount due against the respondents, nothing survives and the matter is not arbitrable and prayed for dismissal of the application. Heard learned counsel for the parties and perused the record. From perusal of the record, it is found that despite issuance of NOC by the applicant vide Annexure R/1the non-applicant has paid some more amounts in the year 2024. It is the case of the applicant that against the amount of Rs.21 Lakhs which was due against the respondents,