"3. In my view once a discharged voucher or a ful! and final receipt or a setuement agreement is signed, the same is novation, recession or alteration of original contract between the parties (within the meaning of Sec.62 of the Contract Act) containing the Arbitration Agreement. Such new contract unless itself containing an agreement of arbitration, the claim/dispute there under such new contract is vitiated by fraud, undue influence, coercion can only be adjudicated by a civit court and not under the Arbitration Agreement under the original contract. Adiudication of such issues of fraud, undue influence, coercion in the matter of novation, rescission or alteration of the contract could not be within the ambit of the Arbitration Agreement in the original agreement. Sec.62 of the Contract Act is clear in this regard. Where the parties to a contract agree to submit to a new contract or to rescind it or to alter it, the original contract need not be pertormed. Similarly, it is always open to the other party, if willing to follow the dispute resolution mechanism of Arbitration to always give up the plea of the contract having been so discharged and to agree on the arbitration, The other party in such case would be entitled to contest the claim on the grouncl that the same was validly settled / discharged and not rely merely on the written agreement of discharge / set ement, However, it does not chose to do so, it cannot subsequently upon civil court finding the discharge/settlement to be void for the reason of fraud, undue influencet coercion, fall back on
