Fully and finally accepted can be challenged if obtained in coercion-Interesting read
Whether a party can invoke Arbitration after Fully and Finally accepting the amount offered? 5. The Oriental Insurance Co. Ltd. & Anr. v. Dicitex Furnishing Ltd. [Judgment dated 13.11.2019 in Civil Appeal No. 8550 of 2015] The Supreme Court held that if a party which has executed the discharge agreement or discharge voucher, alleges that the execution of such document was on account of fraud/coercion/undue influence practiced by the other party, and if that party establishes the same, then such discharge voucher or agreement is rendered void and cannot be acted upon and consequently, any dispute raised by such party would be arbitrable. Further, it was held that the court which is required to ensure that an arbitrable dispute exists, has to be prima facie convinced about the genuineness or credibility of the plea of coercion; it cannot be too particular about the nature of the plea, which necessarily has to be made and established in the substantive proceeding. It ...