Case Law Details
Kiran Infra Engineers Limited Vs Northern Railway (Delhi High Court)
The question as to whether the supplementary agreement is a full and final discharge of respective obligations under the principal agreement and also rescinds the terms and conditions of the principal agreement is itself in dispute, which requires to be referred to Arbitral Tribunal.
The disputes raised by learned counsel for the petitioner that agreement is hit by Sections 17 and 23 of the Indian Contract Act as the petitioner was forced to sign the said agreement under duress and undue influence and also that the agreement is contrary to law as it takes away the right of the petitioner to invoke arbitration, in my view are disputes which the Arbitral Tribunal would be competent to rule upon, if so raised before it.
No other objection is raised by the Respondent. Consequently, the petition is allowed. The disputes are referred to arbitration.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
Please become a Premium member. If you are already a Premium member, login here to access the full content.
