*1* arbap.186.07.sxw kps I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.186 OF 2007 Gandhi Chemicals. ..Applicant -Versus- The New India Assurance Co.Ltd.. ..Respondent .......... None for the Applicant. Mr.Ranjan B. Tripathi i/b S.M.Vidyarthi, for the Respondent. .......... CORAM : S.J. VAZIFDAR, J. DATE : 11th August, 2010. P.C. 1 This is an application for appointment of the Arbitrator under Section 11 of the Arbitration & Conciliation Act, 1996. 2 There is no dispute that the Respondent had issued a policy in favour of the Applicant. The policy contains a clause pertaining to an arbitration agreement. 3 The only defence is that the Respondent had paid the Applicant an amount in full and final satisfaction of the claim under the policy. At the time of hearing, the Applicant tendered an undated “Settlement Intimation Voucher” which mentions that the Applicant agreed to accept “in full/partial satisfaction and discharge” of the claim. Neither the word “full” or “partial” is deleted. 4 The Respondent, on the other hand, tendered the *2* arbap.186.07.sxw original voucher wherein the word “partial” is deleted in it. The cancellation has not been initialled or verified by anyone. It is possible for the Applicant to contend that the cancellation was done subsequently in view of the fact that the voucher furnished to him did not contain any such cancellation. 5 In the circumstances, this is a fit case where the issue as to whether the payment made by the Respondent and accepted by the Applicant was towards full and final satisfaction of the claim or not, ought to be left to the decision of the Arbitrator. 6 In the result, the application is allowed. Justice R.M.Rane (Retired) is appointed as a Sole Arbitrator. -