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security deposit unless the appellant submitted a
No-Claim Certificate in terms of Clause 43(2) of the General
Conditions ... establishment expenses, the appellant
submitted a No Claim Certificate in order to at least get refund
of its security deposit
Supreme Court of India
petitioner unless the petitioner signed a "no claim certificate".
The contention of the petitioner is that "no claim certificate ... informed the petitioner that in view of the "no claim certificate", the
claims sought to be referred to arbitration
Delhi High Court
which also deals with issuance of "No-claim
Certificate" by the contractor. The following conclusions ... hereinbelow:
"43. (2) Signing of `no-claim' certificate.--The contractor shall
not be entitled to make any claim
Supreme Court of India
December 1991 advised the contractor to submit a "No
Claim Certificate" as a pre-condition for the release ... desperate situation, submitted yet another "No Claim
Certificate" dated 18th June 1992 as per directions. After
receiving the aforesaid document
Supreme Court of India
received by the
respondent, the, respondent filed a 'No Claim Certificate' whereby
the respondent admitted and acknowledged that there ... Thus by reason of
submission of the said "No Claim Certificate' the respondent was
debarred from making any further claim
Calcutta High Court
three agreements enclosing a
conditional no claim certificate reserving their right to claim the
amounts due. The plaintiff received ... which time he had
already given unconditional no claim certificate in respect of all
the agreements
Madras High Court
plaintiff had admitted the final bill
and submitted "No Claim Certificate" which explicitely cleared the
position that the plaintiff ... contracts. Since the day the plaintiff submitted "No Claim
Certificate", the contracts ceased to have any existance and no
relation
Bombay High Court
amount. The petitioner not having challenged the No Claim Certificate,
the respondent contended that a plea of payment beyond ... Claim
Certificate was not admissible.
8. In order to appreciate the aforesaid plea of the respondent, the
stand
Delhi High Court
claim certificate
was issued on 14.02.2003 by the respondent. It may be noticed at this
stage that the payments were ... outstanding. It is alleged in the letter that no claim certificate was
forwarded to the respondent by the petitioner under
Delhi High Court
upon
receipt of full and final payments submitted no claim certificate.
Mr. Das, learned Senior Counsel of the appellant, however ... submits that the said no claim certificate was submitted solely
for the purpose of getting refund of the security deposit
Calcutta High Court
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