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2000 Supreme(Del) 914

VIKRAMAJIT SEN
BINDRA BUILDERS – Appellant
Versus
I. B. P. L. GROUP OF COMPANIES – Respondent


Advocates Appeared:
M.S.Vohra, SANJAY PODDAR

Vikramajit Sen

( 1 ) IN the present case the Petitioner had, on 25/03/1994 issued a letter to the Respondent stating the receipt of a cheque No. 173639 for Rs. 1,41,696. 00 would be towards full and final payment of dues in respect of the said construction. Even there after the present petition under Section 20 of the Arbitration Act has been filed. On a reading of the petition, it is at once clear that the Petitioner has altogether failed to deal with the circumstances in which the letter dated 25/03/1994 was issued knowing that it had issued such a letter, it was essential that the question addressed explicitly. All that has been stated is that it "seems" that some discrepancy in the account exists. In my opinion due significance and sanctity must be given to letters where full and final satisfaction is recorded. Learned counsel for the Petitioner submits that it is well settled that the issuance of a letter such as that dated 25/03/1994 does not bar the party to seek initiation of arbitration. However, in this case there must be a categorical pleading in the petition itself that the letter was extracted from the petitioner under circumstances which would disclose that his free co









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