Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prima facie no dispute subsisted s.11(6) Appointment of arbitrator no arbitral dispute Arbitration and Conciliation Act 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 – s.11(6) – Appointment of arbitrator – Fire and Special Perils Insurance Policy taken by respondent-claimant for his factory – Fire took place in his factory – Insurance company settled the claim which was accepted by claimant without any demur or protest – Full and final settlement – After 11 weeks, claimant invoked arbitration clause contained in the contract of insurance raising plea that fraud, coercion and undue influence was exercised by the insurance company and he was forced to sign on the dotted lines – High Court proceeded to appoint a sole arbitrator – On appeal, held: Prima facie no dispute subsisted after the discharge voucher was signed by the claimant without any demur or protest and after the claim was finally settled with accord and satisfaction – A letter was sent for the first time after 11 weeks of the settlement of claim raising protest that the discharge voucher was signed under undue influence and coercion – No supportive prima facie evidence was placed on record – In absence thereof, it must follow that the claim was settled with accord and satisfaction leaving no arbitral dispute subsisting under the agreement to be referred to the Arbitrator for adjudication. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2019 INSC 415 |
Petitioner | United India Insurance Co. Ltd. |
Respondent | Antique Art Exports Pvt. Ltd. |
SCR | [2019] 5 S.C.R. 521 |
Judgement Date | 2019-03-28 |
Case Number | 3284 |
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