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    <title>2006 (11) TMI 668 - Supreme Court</title>
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    <description>A No Claim Certificate does not automatically bar arbitration where the contract work has not been finally measured and the certificate is alleged to have been signed under coercion or duress. Clause 43(2) operates as a safeguard against claims after final measurement, not as an absolute prohibition in every case. On the stated facts, the earlier finding of coercion and the absence of final measurement meant that genuine contractual disputes survived, and the contractor could still seek reference to arbitration. The certificate therefore did not extinguish the claims or defeat recourse to the arbitral process.</description>
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      <title>2006 (11) TMI 668 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=187235</link>
      <description>A No Claim Certificate does not automatically bar arbitration where the contract work has not been finally measured and the certificate is alleged to have been signed under coercion or duress. Clause 43(2) operates as a safeguard against claims after final measurement, not as an absolute prohibition in every case. On the stated facts, the earlier finding of coercion and the absence of final measurement meant that genuine contractual disputes survived, and the contractor could still seek reference to arbitration. The certificate therefore did not extinguish the claims or defeat recourse to the arbitral process.</description>
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      <pubDate>Mon, 20 Nov 2006 00:00:00 +0530</pubDate>
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