claim that No Dues Certificate/No
Claim Certificate was issued under duress/coercion is
erroneous and unsustainable. Learned senior counsel further
contended that there ... discharge voucher or
no-claim certificate has been obtained by fraud, coercion,
duress or undue influence and the other side contests the
correctness thereof
discharge voucher or noclaim certificate has
been obtained by fraud, coercion, duress or undue
influence and the other side contests the
correctness thereof ... contract, with huge cost of
arbitration merely because plea of fraud, coercion,
duress or undue influence has been taken by the
claimant. A bald plea
coercion.
18. Unfortunately, the learned Arbitrator has not addressed himself
to the issue, whether the petitioner could have raised a plea of
coercion and duress ... General Principles and
Guidelines to examine a plea of coercion, duress, or undue influence
on the basis of settled law. Pertinently, it was not even
Undertaking
bond dated 11.05.2010 has been accepted by it under duress, coercion and
protest.
4. As the respondent did not pay the amount claimed ... contended that the plea of the Claimant in regard to
the coercion, duress or pressure is negated, not only
by the conduct of the Claimant
executed between the
parties on the basis of alleged coercion and duress and sought relief on
those terms of the PPA dated 29.03.2012 as well ... either party.
5.20 The allegation of coercion is vague and un-substantiated. The coercion or
duress has to be conclusively established with specific pleadings
declare the validity of Supplementary MOU in view of allegations of coercion, duress, undue influence etc.?
3. Whether the Supplementary Memorandum of Understanding is vitiated ... purported contentions of coercion, duress, undue influence, economic pressure, immoral and unreasonable?
4. Whether the Claimant's proposal of Rs. (sic Rest
banks and other authorities,
it had signed the NDC under duress, coercion and undue influence. It
was specifically alleged, therefore, thus:
"Under such coercive ... finding that the NCC had been signed by Ambica
under duress and coercion. Even so, the arbitrator disallowed
Ambica's claim but allowed Ambica
accepted by the claimant under duress." It was stated that
"consequently, the claimants under duress/coercion recorded acceptance on
14th September 2001 (Annexure ... discharge voucher or
no-claim certificate has been obtained by fraud, coercion,
duress or undue influence and the other side contests the
correctness thereof
discharge voucher or no-claim certificate has been obtained by
fraud, coercion, duress or undue influence and the other side contests
the correctness thereof ... discharge voucher or no-claim
certificate has been obtained by fraud, coercion, duress or undue
influence and the other side contests the correctness thereof
maintainable, it is merely a bald plea of
fraud, coercion, duress and undue influence even the said assertions
are made without any supporting documents ... appellant stating that
the discharge voucher was signed under extreme duress,
coercion and undue influence exercised by the appellant
who took undue advantage
