Unless a video depicts the
claimant performing actions they have previously testified
under oath, they are unable to do, or an act that requires extreme motion and strength of muscles and areas that were allegedly injured.
Learned senior counsel submits that though the learned arbitrator has placed reliance on proceedings
under Section 9 filed in this Court, he has however ignored the crucial and material piece of evidence which was on record of that proceeding i.e the uncontested statement of Mr Ajith Menon on
oath that is paragraph 4 of his affidavit dated 23/7/09 asserting that Mr Prasantha Dissanayake had telephonically confirmed in July 2009 that the
claimants were pressurizing him to execute a letter falsely claiming that he had not executed the agreement dated 1/6/07.