Supreme Court · 2008 INSC 1057 · Decided 18 September 2008

National Insurance CO. LTD. v. M/S. Boghara Polyfab PVT. LTD.

Court
Supreme Court of India
Citation
2008 INSC 1057 · [2008] 13 S.C.R. 638
Case number
CIVIL APPEAL No. 5733/2008
Decided
18 September 2008
Bench
R.V. RAVEENDRAN, LOKESHWAR SINGH PANTA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Arbitration Act Section 11

Headnote

Contract - Insurance contract - Reference to arbitration c - After issuance of final discharge voucher by the insured - Propriety of - Insured alleging coersion for issuance of dis­ charge voucher - Held: A claim for arbitration cannot be re­ ;ected merely/solely on the ground that had been executed by the claimant, if its validity is disputed 0 by the claimant - If the claimant is able to prove that the dis­ charge voucher was executed on account of fraud/coersion/ undue influence, such voucher would be rendered void - Dis­ charge of contract on account of

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