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As per case facts, the Petitioner, a contractor for Northern Railways, alleged significant losses due to delays by the Respondents. A dispute arose regarding the execution of a contract. The
...Petitioner sought arbitration, but the Respondents refused, citing a Supplementary Agreement and 'No Claim Certificate' signed by the Petitioner, arguing these settled all claims and made the matter non-arbitrable. The Petitioner contended these documents were signed under financial duress. The question arose whether the Petitioner could invoke the arbitration clause after signing these documents, particularly when claiming financial duress. Finally, the Court found no substantial evidence of financial duress. It ruled that the Petitioner voluntarily signed the Supplementary Agreement and 'No Claim Certificate', leading to full and final settlement and rescinding the arbitration clause. Thus, no arbitrable dispute remained, and the petition for arbitration was dismissed.
Bench
Applied Acts & Sections
Section 3
–The Arbitration And Conciliation Act, 1996
Section 11
–The Arbitration And Conciliation Act, 1996
Section 11A
–The Arbitration And Conciliation Act, 1996
Legal Notes
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