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1. In my opinion, this is a fit case where the parties make an attempt to resolve the disputes as the claim amount itself is a meager amount. The original amount in the prior arbitral proceedings was about Rs.1 lakh. The case of the respondents is that the contract was fully performed and all payments were made and received by the respondents. The case of the respondents is thus of an accord and satisfaction.

2. It is the contention of the respondents that after one year of everything under the contract being over and purportedly as a requirement for audit purpose, on the basis of a backdated draft agreement which was forwarded by e-mail by the applicant to the respondents, and by espousing an arbitration clause contained in such agreement, a false claim of damages of Rs.10 lakhs is being asserted against the respondents. The respondents contend that believing the said e-mail of the applicant, the respondents signed such backdated agreement, not knowing that the arbitration agreement as contained in it, would be invoked. It is thus the contention as raised by the respondents that after there is accord and satisfaction, there cannot be any backdated agreement and any arbitration clause contained in the backdated agreement itself is non est so as to bring about a situation in law that there is no arbitration agreement whatsoever.