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2015 Supreme(Online)(Bom) 53

BOMBAY HIGH COURT
P.S. Patankar, J
Oriental Insurance Co. Ltd. v. Dicitex Furnishing Ltd.


Advocates:
For the Appellants/Petitioners: Mr. Mehta
For the Respondents: Mr. Naidu

1. By this application filed under S.11(6) of the Arbitration and Conciliation Act, 1996 (for short the said Arbitration Act), the applicant seeks appointment of an arbitrator. The respondents have raised an objection about maintainability of this application on the ground that the applicant had signed the discharge voucher / sheet voluntarily given to the respondents in full and final settlement of all their claims present and / or future arising directly / indirectly in respect of the loss. Some of the relevant facts for the purpose of deciding this application are as under:

2. On 17th September 2011, the applicant obtained a Standard Fire and Special Peril Policy No. 124500/11/2012/457 from the respondent no. 1 to cover the stocks of goods lying in its three separate godowns located at Thane, Maharashtra vide their three separate endorsements. The total sum insured stood at Rs.13 crores. Clause 13 of the terms and conditions of the said policy contains an arbitration clause. On 25th May 2012, a fire broke out at night on the ground floor of the building occupied by RFCL which fire spread to the first floor of the building and completely engulfed all the three godowns where the








































































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