1 Mr Ketan Paul, counsel appearing on behalf of the petitioner submits:

(i) The respondent issued a Consent Letter dated 24 December 2018, Digitally signed by CHETAN KUMAR Date: 2024.02.16 16:35:58 IST Reason:

Signature Not Verified which was followed by an Advance Discharge Voucher dated 4 January 2019 unequivocally agreeing to accept a sum of Rs 84.19 lakhs in full and final settlement;

(ii) Nearly ten months after the Advance Discharge Voucher, on 25 October 2019, the respondent sought a copy of the surveyor’s report without making any allegation of coercion;

(iii) The allegation that the respondent was coerced into agreeing to the settlement was raised only on 2 March 2020 in the letter of invocation.

2 Hence, it has been submitted that while it is true that the issue of accord and satisfaction can also be raised before the arbitrator, this is a clear case where such a recourse is not necessary bearing in mind the fact that the claim was settled. Counsel submits that this position is borne out by judgments of this Court under Section 11(6) of the Arbitration and Conciliation Act 1996.

3 Issue notice, returnable in four weeks.

4 Dasti, in ad