M/S COS BOARD INDUSTRIES LTD. v. NEW INDIA ASSURANCE CO. LTD.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.14726 OF 2024 (Arising out of S.L.P.(Civil) No.18614 of 2023)

VS.

Leave granted.

Heard the learned senior counsel appearing for the

parties.

A petition filed by the appellant under Section

11(6) of the Arbitration and Conciliation Act, 1996 (for

short, "the 1996 Act") has been rejected. There is no

dispute that the issue is covered by a decision of this

Court in the case of SBI General Insurance Co. Ltd. v.

Krish Spinning1.

In view of the law laid down by this Court, in our

view, the petition under Section 11(6) of the 1996 Act

ought to have been allowed. The objection raised by the

respondent was on the basis of a voucher signed by the

appellant which according to the respondent indicates

that certain amount was received by the appellant in full

and final settlement of its claim. This issue will have

to be gone into by the Arbitral Tribunal.

Accordingly, the impugned order dated 5th May, 2023

is hereby quashed and set aside. ARBP No.35 of 2022 is

hereby allowed.

We make it clear that all contentions raised by the

respondent will remain open before the Arbitral Tribunal.

It will always be open for the respondent to take

r...