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january 2004

Supreme Court of India · 2004-01-05

CHAIRMAN & M.D., N.T.P.C. vs M/S. RESHMI CONSTRUCTIONS,BUILDERS&CONT.

Citation / case number
SC 2002/63955
Court
Supreme Court of India
Petitioner
CHAIRMAN & M.D., N.T.P.C.
Respondent
M/S. RESHMI CONSTRUCTIONS,BUILDERS&CONT.
Author
V.N. KHARE
Bench
S.B. SINHA. CJI

Judgment text excerpt

The Supreme Court held that an arbitration clause in a contract does not become void merely due to the signing of a 'No Demand Certificate' if such signing was done under coercion or duress. The Court emphasized that the validity of the arbitration clause is independent of the satisfaction of the contract, as per the principles laid down in the Arbitration and Conciliation Act, 1996. The appeal was allowed, and the matter was remanded for arbitration as per the original agreement.

CHAIRMAN & M.D., N.T.P.C. vs M/S. RESHMI CONSTRUCTIONS,BUILDERS&CONT. · Niyam