DHARAM CHAND vs EXE. ENGINEER AND ORS.

FAO-589-2006 1 202 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-589-2006 Date of Decision: 14.07.2026 DHARAM CHAND ......... Appellant Versus EXE. ENGINEER AND ORS. ..... Respondents CORAM: HON’BLE MS. JUSTICE LAPITA BANERJI Present : Mr. Anshul Gupta, Advocate for the appellant. Mr. Surya Kumar, AAG, Punjab. **** LAPITA BANERJI, J. (Oral) 1. The short question in the present appeal is whether the parties could contract out of a statute. 2. Learned counsel appearing on behalf of the appellant submits that under Section 28(b) of the Indian Contract Act, 1872 (for short ‘the 1872 Act’), the parties could not enter into an agreement which would extinguish their right or discharge their liability under or in respect of any contract on the expiry of a specified period so as to restrict a party from enforcing its rights. 3. Vide award dated July 02, 2002, the learned Arbitrator relying upon Clause 25(xiv)(e) of the Agreement held that the claims of the appellant-petitioner were time-barred since the same were not raised within six months from the date of release of payment of the final bill on July 26, 2000. He submits that the claim petition was filed within three ASGAR ALI