arbap183-07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.183 OF 2007 Dhruval H. Doshi ....Petitioner V/s. The New India Assurance Co. Ltd. ....Respondent Mr.R.K. Dave with Mr.Harshad H. Trivedi for the Applicant. Mr.S.M. Vidyarthi for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 6TH AUGUST, 2010. P.C. :- 1. This is an application under 11 of the Arbitration and Conciliation Act, 1996. There is no dispute that a policy was executed between the parties which contains an arbitration clause. 2. The only contention is that the Respondent paid an amount of Rs.11,80,165/- in full and final settlement of the Applicant’s claim. The amount was arrived at on the basis of the surveyor’s report. 3. There is no document indicating that the said amount was paid by the Respondent and accepted by the Applicant in full and final settlement of the Applicant’s claim. Only a Claim Disbursement Voucher has been tendered in Court, taken on record and marked “X”. The same does not extinguish the Applicant’s claim, if any. 4. In the circumstances, the application is allowed. Mr.Justice R.S. Rane (Retd.) is appointed as a sole Arbitrator.