(1) THIS is an appeal against the judgment and order of a division bench of A. P. High court at Hyderabad dated April 25/04/1975 passed in Civil Appeal No. 9 of 1972.

(2) THE appellant herein was the plaintiff before the subordinate judge, seeking under Section 20 of the Arbitration Act, reference of the subject-matter of his dispute with the respondent to arbitration. The trial court agreed with his plea and referred the matter to arbitration. On appeal, however, the High court ups it on the basis that the trial court was wrong in observing that the plaintiff had laid any foundation to his assertion that the no claim certificates, put up against him as defence to deny arbitration, were obtained under duress and coercion. The High court went on to observe that from the perusal of the plaint it was evident that submission regarding signatures of the appellant having been obtained under undue influence and coercion, was not existing. The High court also viewed that in the absence of any plea to that effect, it had to proceed on the footing that the plaintiff voluntarily had executed those no-objection certificates. The High court then took the view that since the appel