(A.K. Sikri and Rohinton Fali Nariman, JJ.)
New India Assurance Co. Ltd. and Another ____________ Petitioner(s);
v.
Yasho Industries Pvt. Ltd. ___________________________ Respondent.
(with appln.(s) for permission to place addl. documents on record)
(For Final Disposal)
Petition(s) for Special Leave to Appeal (C) No(s). 25110/2015, decided on October 5, 2015
The Order of the court was delivered by
Order
1. On the facts of this case, we are not inclined to interfere with the order1 passed by the High Court allowing the application of the respondent under Section 11 of the Arbitration Act and appointing the Arbitrator.
2. Needless to mention that it would always be open to the petitioner to defend the claim on the ground that after executing the receipt in full and final settlement no further claim is due to the petitioner. The Arbitrator, naturally, shall decide such an issue on merits.
3. The Special leave Petition is dismissed.
4. Interlocutory Application(s) pending, if any, stands disposed of accordingly.
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1 Yasho Industries (P) Ltd. v. New India Assurance Co. Ltd., Arbitration Application No. 314 of 2014, order dated 24-6-2015 (Bom)
