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IN THE HIGH COURT AT CALCUTTA
SOUMEN SEN, APURBA SINHA RAY
Great Eastern Energy Corporation Limited – Appellant
Versus
D.S. Steel – Respondent
| Table of Content |
|---|
| 1. contractual relationship and obligations. (Para 1 , 2 , 3 , 4 , 5) |
| 2. defendant's claims of poor performance and financial settlement. (Para 6 , 7 , 8) |
| 3. challenges to the validity of the settlement and limitations. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. burden of proof on coercion and undue influence. (Para 15 , 16 , 17 , 18 , 19) |
| 5. plaintiff's rebuttal of coercion and evidence of satisfaction. (Para 20 , 21 , 22 , 26 , 27 , 28 , 29 , 30) |
| 6. legal analysis of undue influence and contract validity. (Para 57 , 58 , 59 , 60 , 61 , 62 , 63) |
| 7. presence of essential witnesses and implications of their absence. (Para 64 , 65 , 66 , 67 , 68 , 69 , 70) |
| 8. examination of the circumstances surrounding the agreement. (Para 71 , 72 , 73 , 74 , 75 , 76 , 77) |
| 9. final determination of the judge on undue influence. (Para 78 , 79 , 80 , 81 , 82 , 83 , 84 , 85 , 86 , 87 , 88 , 89) |
| 10. court's dismissal of the appeal and affirmation of the lower court judgment. (Para 90 , 91 , 92) |
JUDGMENT :
Soumen Sen, J.
1. The instant appeal arises out of the impugned judgment and decree dated December 22, 2015, passed by the learned Civil Judge (Senior Division), Asansol, in Money Suit No. 33 of 2008 for
The court affirmed that a contract signed under undue influence or coercion is unenforceable, emphasizing the necessity for clear evidence and valid agreement in cases of settlement.
A bald plea of fraud, coercion, duress, or undue influence is not enough to undo settlement agreements.
Claims raised after acceptance of payments are considered waived if not disputed timely, and allegations of coercion were deemed unfounded by the arbitrator.
A party cannot challenge a settlement agreement on grounds of coercion unless substantial evidence proves it was signed involuntarily; arbitration awards remain binding unless set aside by due legal ....
The main legal point established in the judgment is that false allegations of coercion and duress, along with the suppression of a Settlement Agreement, can demonstrate a clear case of accord and sat....
The issue of coercion and undue influence in the execution of a settlement agreement is an arbitrable dispute that should be referred to arbitration.
A Settlement Agreement is enforceable unless proven voidable due to duress or undue influence, with the burden of proof on the party alleging such claims.
The court established that contracts signed under economic duress are void, emphasizing the importance of equal bargaining power in contractual agreements.
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