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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 — Sanjay Kumar, Alok Aradhe

In Brief

United India Insurance Company sought to reject an application for arbitrator appointment by the respondent, who claimed undue influence and coercion in signing a letter of subrogation. The Supreme Court found no prima facie documentary evidence of coercion or undue influence. The respondent had signed the discharge voucher without protest, and only raised objections over 11 weeks later. The Court held that valid accord and satisfaction had been achieved, extinguishing the dispute and precluding arbitration. The appeals were allowed and the High Court order set aside.

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Arbitration Insurance Subrogation Contract Formation Undue Influence

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