1970 PLP 492 (SCMR)

MUHAMMAD YAQUB ALI, J.‑The claim by the petitioner that the recovery of Rs. 1,75,835.38 deducted by the respondent out of the running bills as retention money did not form subject‑matter of the dispute before the Arbitrator and consequently was not included in the sum of Rs. 8,37,285 awarded in full and final satisfaction of the petitioner's claim for the construction of the school building is belied by the compromise deed Exh. 7 dated the 4th October 1965, which is to the effect: "Each of the said parties hereto hereby acquits, releases and discharges the other from all sums of moneys, claims, actions, proceedings, accounts, damages, expenses and demands and other matters whatsoever and howsoever arising or relating to the construction of the school buildings under the said Agreement of January 1964, whether the same be or be not the subject matter of the said Arbitration and suit." Similarly in his letter dated the 15th October 1965, addressed to the respondent, the petitioner confirmed that: "there is no dispute, difference, or matter of any kind arising out of my relationship between myself and the Karachi Ameri can Society which is now outstanding. If any is raised the same is to be deemed to have been discharged." Lastly the respondent in his letter of even date to the Arbit rator stated: "I am glad to inform you that arrangements have been made between myself and the Australasia Bank Ltd., under which the said amount of Rs. 8,37,285 is to be made in the following manner . . . ." He then requested the Arbitrator to deliver the Award in terms of the agreement dated the 4th October 1965. Thereupon the Award was delivered on the 19th January 1966. Having received the sum of Rs. 8,37,285 the petitioner turned round and claimed that the sum of Rs. 1,75,835.38 was owing to him separately and that the said sum was not the subject matter of the dispute in relation to which he had executed the agreement of the 4th October 1965. The sum of Rs. 8,37,285 was, however, paid to the petitioner in terms of Para. 3 of Exh. 7 in full and final settlement of: "all the sums of money, claims, actions, proceedings, accounts, damages, expenses and demands and other matters, what soever, and howsoever, arising or relating to the constructions of the school buildings under the said agreement of January 24, 1964." In view of the agreement dated the 4th October 1965, and the letter written by the petitioner to the Arbitrator on the basis of which the final Award was passed on the 19th January 1966, the claim made by the petitioner that the sum of Rs. 1, 75,835.38 was still owing to him is wholly unsustainable. No exception can therefore, be taken to the interpretation placed by the learned Judges in the High Court on the agreement dated the 4th October 1965, and the letter dated the 15th October 1965. We thus see no ground to call in question the dismissal of the plaintiff's suit for the recovery of the aforesaid amount by the High Court and dismiss the petition for leave to appeal. Leave refused.