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2019 Supreme(SC) 1255

ARUN MISHRA, S.RAVINDRA BHAT
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
DICITEX FURNISHING LTD. – Respondent


Advocates Appeared:
for the Appellant :S.L. Gupta, Varinder Kumar Sharma, Ashutosh Sharma, Gunjan Sharma, Advocates
For the Respondent:Shrish Kumar Misra, Advocate

JUDGMENT

S. RAVINDRA BHAT, J.

Leave granted. With the consent of counsel, the appeal was heard finally. The Oriental Insurance Co. Ltd (hereafter "the insurer" or "the appellant") appeals the decision of a single judge of the Bombay High Court, who allowed the respondent's application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereafter "the Act") and appointed an arbitrator. The insurer's objection about maintainability of the application on the ground that the respondent (hereafter "Dicitex") had signed the discharge voucher and accepted the amount offered, thus, signifying accord and satisfaction, which in turn meant that there was no arbitrable dispute, was rejected.

2. The relevant facts in this appeal are that on 17.09.2011, Dicitex obtained a Standard Fire and Special Peril Policy; it was issued by the appellant to cover the stocks of goods lying in its three separate godowns located at Thane, Maharashtra, by three separate endorsements. The total sum insured was @ 13 crores. Clause 13 of the terms and conditions of the said policy contained an arbitration clause. On 25.05.2012, a fire broke out at night on the ground floor of the building occupied by RF

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