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2011 (4) TMI 1471 - SC - Indian LawsWhether after furnishing `no-claim certificates' and the receipt of payment of final bill, any arbitrable dispute between the parties survived or the contract stood discharged - the agreement between the parties made an integral part of the contract. Condition 70 provided mode for resolution of disputes and differences between the parties through arbitration. HELD THAT:- The present, in our opinion, appears to be a case falling in the category of exception noted in the case of Boghara Polyfab - 2008 (9) TMI 864 - Supreme Court. As to financial duress or coercion, nothing of this kind is established prima facie. Mere allegation that no-claim certificates have been obtained under financial duress and coercion, without there being anything more to suggest that, does not lead to an arbitrable dispute. The certificates leave no manner of doubt that upon receipt of the payment, there has been full and final settlement of the contractor's claim under the contract. That the payment of final bill was made to the contractor is not in dispute. After receipt of the payment, no grievance was raised or lodged by the contractor immediately. The concerned authority, thereafter, released the bank guarantee. It was then that on that day itself, the contractor lodged further claims. The conduct of the contractor clearly shows that `no claim certificates' were given by it voluntarily; the contractor accepted the amount voluntarily and the contract was discharged voluntarily. The appeal is, accordingly, allowed. The impugned order passed by the Chief Justice of the High Court of Punjab and Haryana is set aside. The parties shall bear their own costs.
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