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1 - 6 of 6 (0.43 seconds)Chairman & M.D., N.T.P.C. Ltd vs M/S. Reshmi Constructions, Builders & ... on 5 January, 2004
8. Considering the above amended provision of the Act, though
the respondent relying on the undertaking dated 7 January 2014 contends
that the applicant has received the amounts in full and final settlement, in
my opinion, this plea cannot be accepted, and more particularly in the facts
as noted above. This for the reason that prima facie a perusal of the
undertaking dated 7 January 2014 does not give an impression that there
is a conclusive settlement between the parties. Significantly, on issuance of
the said undertaking, the applicant immediately by his letter dated 16
January 2014 recorded that the undertaking was submitted by the
applicant under economic duress and coercion. If this is the factual
position, then, necessarily as to whether the applicant has received
amounts in full and final settlement is a matter which required to be
agitated by the parties in the arbitration proceedings and to be decided by
the arbitral tribunal. (See: "Chairman and M.D., NTPC Ltd. Vs. Reshmi
Constructions, Builders and Contractors" (supra) and "National
Insurance Company Ltd. Vs. Boghara Polyfab Pvt.Ltd." (supra))
National Insurance Co. Ltd vs M/S. Boghara Polyfab Pvt.Ltd on 18 September, 2008
8. Considering the above amended provision of the Act, though
the respondent relying on the undertaking dated 7 January 2014 contends
that the applicant has received the amounts in full and final settlement, in
my opinion, this plea cannot be accepted, and more particularly in the facts
as noted above. This for the reason that prima facie a perusal of the
undertaking dated 7 January 2014 does not give an impression that there
is a conclusive settlement between the parties. Significantly, on issuance of
the said undertaking, the applicant immediately by his letter dated 16
January 2014 recorded that the undertaking was submitted by the
applicant under economic duress and coercion. If this is the factual
position, then, necessarily as to whether the applicant has received
amounts in full and final settlement is a matter which required to be
agitated by the parties in the arbitration proceedings and to be decided by
the arbitral tribunal. (See: "Chairman and M.D., NTPC Ltd. Vs. Reshmi
Constructions, Builders and Contractors" (supra) and "National
Insurance Company Ltd. Vs. Boghara Polyfab Pvt.Ltd." (supra))
New India Ass. Co. Ltd vs Genus Power Inf. Ltd on 4 December, 2014
In the facts of the present case, the reliance on behalf of the
respondent on the decision in New India Assurance Company Ltd. Vs.
Genus Power Infrastructure Ltd. (supra), in my opinion is not well
founded. In the said case, considering the averments of the respondent as
made in paragraph 9 of the petition, the Court was of the view that the
plea raised by the respondent was bereft of any details and particulars, and
were merely bald assertions. It was also observed that there was no protest
or demur raised around the time or soon after the letter of subrogation was
signed. However, the facts of the present case are completely different. The
applicant here had immediately protested against the purported
undertaking of settlement. Further a bare reading of the undertaking,
prima facie leaves some manner of doubt about the nature of the
settlement to be a final settlement
Section 12 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Arbitration And Conciliation Act, 1996
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