the appellant, the claims in the impugned order pertain to excepted matters, and therefore, they are squarely barred and nothing could have been awarded in favour of the respondents. That apart, though there is an attempt on the part of the appellant to press into service the plea that already settlement was arrived at as mentioned above, as could be evident from the aforesaid letter and telegram, dated 08.09.1983, no further claims could have been entertained at much later point of time. Coming back to the question as to whether it is really an excepted matter and bar applies against the respondents, there is no dispute that the appellant has raised the said plea nor was it an issue for consideration before the Court below or even before the Arbitrator. On perusal of the proceedings before the Arbitrator as well as the Court below, especially the pleadings part, it is evident that no such plea was specifically taken on behalf of the appellant and therefore, necessarily it follows that there could not have been any discussion or consideration thereof. It is also not the case of the appellant that such a plea was raised and argued, but the same has remained unconsidered. Therefore, no complaint as such can be made by the appellant.
