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.