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Supreme Court of India 2019-03-28 allowed

UNITED INDIA INSURANCE CO.LTD vs ANTIQUE ART EXPORTS PVT. LTD

Bench: 2 — A.M. Khanwilkar, Ajay Rastogi

In Brief

An insurance company (United India) settled fire claims with a company (Antique Art) by email on 5-24 May 2016, with the claimant signing discharge vouchers accepting full and final settlement of Rs. 2.81 crore and Rs. 2.20 crore respectively. Eleven weeks later, the claimant alleged the settlement was obtained under fraud and coercion and sought arbitration. The High Court appointed an arbitrator. The Supreme Court allowed the appeals, holding that a mere allegation of coercion without prima facie supporting evidence cannot trigger arbitration when the claim was already settled with accord and satisfaction. The absence of any protest for 11 weeks after signing the discharge voucher undermined the claim's credibility.

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Arbitration Insurance Law Contract Law Discharge Voucher Accord and Satisfaction

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