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2007 Supreme(Bom) 676

M.B.SHAH, RAJYALAKSHMI RAO
ORIENTAL INSURANCE COMPANY LIMITED – Appellant
Versus
GOVERNMENT TOOL ROOM, TRAINING CENTRE – Respondent


Advocates Appeared:
.

M. B. SHAH, J.

( 1 ) HEARD the learned Counsel for the parties.

( 2 ) THIS case illustrates how the Insurance Company can even harass the Government Department which is a part and parcel of Union of India,. e. Industries and commerce, the Government Tool Room and training Centre.

( 3 ) THE sole dispute in this first appeal is with regard to the discharge voucher signed by the Vice-Chairman of the respondent with regard to the amount received from the Insurance Company as full and final settlement.

( 4 ) IN the present case, it is to be stated that such contention is raised despite the law being settled. As early as in 1986 the apex Court discussed the concept of coercive bargaining in (Central Inland Water transport Corporation Ltd. and anr. Vs. Brojo nath and anr.), 1986 DGLS 109 : A.. R. 1986 s. C. 1571 : 1986 (1) SCALE 799 : 1986 (3) s. C. C. 156, and held that where a man has no choice, or rather no meaningful choice, but to give his consent to a contract or to sign on the dotted line in a prescribed or other form or to accept a set of rules as part of contract, however unfair, unreasonable and unconscionable a clause in that contract may be the courts will enforce and will, wh








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