while the first surveyor appointed by the Insurer valued the claim at Rs. Due to a fire, the entire stock was destroyed. ] was whether Dicitex had prima facie made out that they had executed the unconditional discharge voucher under coercion, duress or undue influence, thereby, making the dispute arbitrable.Ĭertain stock of goods of Dicitex had been insured by Oriental Insurance for Rs. The question before the Supreme Court in the case of Oriental Insurance Co. Hence, a bald plea of fraud, coercion or undue influence is not sufficient to seek reference of the dispute to arbitration. When dealing with appointments of arbitrators, wherever such issues arise, the Court forms a prima facie view as to whether the dispute is bona fide and genuine before referring the same to arbitration. Based on the facts in some cases, it has been held that fraud, coercion or undue influence renders the discharge void at the instance of the party issuing the discharge voucher. On the other hand, it is not uncommon for the claimant to dispute the discharge voucher signed by it and claim that it was executed under fraud, coercion or undue influence. In insurance contracts, the insurer may rely upon a discharge voucher to contend that it has already discharged its obligations under the contract.
#NO OBJECTION CERTIFICATE FROM EMPLOYER FOR UNCOPDNTIONAL FULL#
Sometimes, the party claiming discharge relies upon a document which may be in the form of a no due certificate, no claim certificate, final bill, full and final settlement etc. One of the common defenses taken by a party, facing a claim, in an arbitration is that the contract has already been discharged by performance.
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