Supreme Court · 2014 INSC 837 · Decided 4 December 2014

New India Assurance Company LTD. v. Genus Power Infrastructure LTD.

Court
Supreme Court of India
Citation
2014 INSC 837 · [2014] 12 S.C.R. 360
Case number
CIVIL APPEAL No. 10784/2014
Decided
4 December 2014
Bench
ANIL R. DAVE, UDAY UMESH LALIT (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Arbitration Act Section 11

Headnote

Arbitration and Conciliation Act, 1996 - s. 11 - Appointment of arbitrator - Insurance claim - Discharge of C insurance contract and settlement of insurance claim - Insured subrogated all its rights in favour of insurer - Petition uls. 11 by insured seeking appointment of arbitrator accepted the payment because of extreme financial difficulty, duress and coercion - High Court D appointing sole arbitrator to adjudicate the dispute between the parties - Justification of- Held: Not justified - Discharge and signing of letter of subrogation was voluntary and free from any

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