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2014 (1) TMI 1066 - DELHI HIGH COURTAppointment of arbitrator by court - Dispute over final settlement entered between parties - Appellant contends that they signed settlement deed under duress and coercion - Whether the Petitioner was made to sign the settlement deed, indemnity bond and affidavit dated 11th April 2011 under duress and coercion - Held that:- it appears to the Court that the answer to that question will necessarily involve examination of witnesses as well as the documents in light of their depositions. Since it is not possible for the Court to conclusively hold at this stage that the Petitioner’s plea is “an afterthought, make-believe or lacking in credibility”, the appropriate course would be to permit the parties to raise this as one of the first issues to be decided in the arbitral proceedings - Arbitrator to be appointed by the Court will first determine whether there was a full and final settlement of the Petitioner’s claims as contended by the Respondent, or whether the settlement deed, indemnity bond and the affidavit were executed under duress and coercion as contended by the Petitioner. Depending upon the answer to the said issue, the learned Arbitrator will proceed further to consider the claims of the Petitioner - Decided in favour of Petition.
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