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.