AIR 2019 SUPREME COURT 3137 ::(2019) 3 ArbiLR 51 ::2019 (5) SCC 362 ::(2019) 5 Scale 419 ::AIR 2019 SC (Civil) 2283

Supreme Court Of India

(From: Delhi)*

Hon'ble Judge(s): A. M. Khanwilkar, Ajay Rastogi , JJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.11(6)— Appointment of arbitrator - Discharge of insurance claim - Discharge voucher signed without any demur or protest by respondent and claim settled with accord and satisfaction - After 11 weeks of settlement, letter sent for first time raising voice that discharge voucher was signed under undue influence and coercion with no supportive prima facie evidence - In absence of evidence, claim said to be settled with accord and satisfaction leaving no arbitral dispute subsisting under agreement to be referred to Arbitrator - Arbitrator cannot be appointed. In the instant case averment was made for the first time after 11 weeks of the settlement of claim and release of discharge voucher in the petition filed by the respondent seeking appointment of Arbitrator of undue influence/coercion being used by the appellant in signing the papers on dotted lines. In the instant case, the facts are not in dispute that for the two incidents of fire, the appellant- Company based on the Surveyor's report sent e-mails for settlement of the claims for both the fires which was responded by the respondent through e-mail on the same date itself providing all the necessary information to the Regional Office of the Company and also issued the discharge voucher in full and final settlement with accord and satisfaction. Thereafter,....