AIR 2008 ALLAHABAD 117 ::2008 (5) All LJ 681 ::2008 (5) ALJ 681 ::2008 (6) AKAR (NOC) 913 (ALL.) = AIR 2008 ALLAHABAD 117 ::2008 (6) AIR Kar R 913 ::2009 A I H C 134 ::(2008) 4 Arbi L.R. 660 ::(2008) 3 All WC 2233 ::(2008) 67 AllIndCas 592 (ALL)

Allahabad High Court

Hon'ble Judge(s): H. L. Gokhale , J

(A) Contract Act (9 of 1872) S. 63 — Accord and satisfaction — Works contract — Petitioner contractor accepted amount in final settlement which was acknowledged by receipt in writing — Petitioner also received security amount subsequently — It would be a case of accord and satisfaction 1994 Supp (3) SCC 126, Rel on (Para 6)

(B) Contract Act (9 of 1872) S. 73 — Claim for damages — Works contract — Contractor accepted amount in full and final settlement, acknowledged by receipt in writing — Nothing prevented contractor from saying that he had received payment in part satisfaction only for work done, and that he was reserving his claim for compensation for work not allowed to be completed and resultant loss — In view of accord and satisfaction between parties, claim for damages would not survive (Para 8,9)