- (1.) This matter brings out the extreme recalcitrance and oppressive behaviour of an insurance company which attempted to coerce the insured to accept a part of the amount by insisting that the insured issue a discharge certificate for the insurance company to be able to subsequently resist any attempt by the insured to seek a larger amount by citing accord and satisfaction as a complete legal answer thereto.
(2.) Before the merits of the request under Section 11 of the Arbitration and Conciliation Act, 1996 can be taken up, it is necessary to recall the order of dismissal of the petition for default. In view of the good grounds shown in GA No.110 of 2014, the order of dismissal passed on January 6, 2014 is recalled and AP No.593 of 2013 is restored to the file. GA No.110 of 2014 is allowed as above without any order as to costs.
(3.) Since the parties were put on notice that the request under Section 11 of the Arbitration and Conciliation Act, 1996 would be taken up immediately upon the restoration application being allowed, the petition is taken up for hearing.;