Reshmi part 001

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Many of the claims raised are beyond the terms of the contract and the Arbitrator will have not jurisidiction to deal with them. It has explained the situation under which the amount under the 'No Demand Certificate' had to be signed. We are signing the alleged final bill under coerction, under undue influence and under protest only without prejudice to our rights and claims whatsoever. In fact, whether the contract has been fully worked out and whether the payments have been made in full and final settlement are questions to be considered by the arbitrator when there is a dispute regarding the same. Circumstances leading to passing an order by the courts of law directing the parties to get their disputes determined by domestic tribunal selected by them having regard to the correspondences exchanged between the solicitors came up for consideration in Goodman Vs. As a general principle, one who knowingly accepts the benefits of a contract or conveyance is estopped to deny the validity or binding effect on him of such contract or conveyance. It may be noticed that your client has already taken the final bill and has issued 'no dues' certificate. The fact situation in the present case, would lead to the conclusion that the arbitration agreement subsists because:. The appellant herein did not raise a question that there has been a novation of contract.

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