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january 2004

Supreme Court of India · 2004-01-05

Chairman & M.D., N.T.P.C. Ltd vs M/S. Reshmi Constructions, Builders & ...

Citation / case number
AIR 2004 SUPREME COURT 1330
Court
Supreme Court of India
Petitioner
Chairman & M.D., N.T.P.C. Ltd
Respondent
M/S. Reshmi Constructions, Builders & ...
Author
V.N. Khare
Bench
Chief Justice, S.B. Sinha

Judgment text excerpt

The Supreme Court held that an arbitration clause in a contract survives despite the execution of a 'No Demand Certificate' if such execution is obtained under coercion or undue influence, as per the principles of contract law. The Court emphasized that the validity of the 'No Demand Certificate' is questionable when it is executed under duress, thus allowing the parties to seek arbitration for unresolved claims. The appeal was allowed, and the matter was remanded for arbitration as per the original agreement.

Chairman & M.D., N.T.P.C. Ltd vs M/S. Reshmi Constructions, Builders & ... · Niyam