Back
PRASHANT KUMAR MISHRA
Alliance One Industries India Pvt. Ltd. – Appellant
Versus
Oriental Insurance Co. Ltd – Respondent
JUDGMENT
PRASHANT KUMAR MISHRA, J. - This application under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') has been preferred for appointment of sole arbitrator to resolve the disputes between the parties arising out of insurance claim emanating from the insurance policies (1) 463300/11/2019/657, (2) 463300/11/2019/759 and (3) Flop Policy No. 463300/11/2019/455.
2. During subsistence of the above said insurance policies, the applicant suffered fire accident, in which it sustained loss, which according to the applicant, is to the tune of Rs.15, 49, 29, 486.00. When such claim was raised by the applicant before the respondent - insurance company, an amount of Rs.6, 66, 23, 995.00 was settled in favour of the applicant and the remaining amount of Rs.8, 83, 53, 119.00 was denied.
3. The applicant served a notice for satisfying the remaining claim, which has been turned down necessitating presentation of the present application in terms of clause 13 of the Standard Fire and Special Perils Policy containing an arbitration clause, which provides thus:
"If any dispute or difference shall arise as to the quantum to be paid under the policy (liability being othe
The court's examination is confined to the existence of an agreement and nothing more, based on the settled legal position that the law prior to the 2015 Amendment has been legislatively overruled.
The termination of an appointed Arbitrator's mandate does not preclude the court from appointing a new Arbitrator, and the acceptance of partial payment does not constitute a complete discharge of th....
The court held that issues of arbitrability can be left to the arbitral tribunal, unless a claim is ex facie barred, and highlighted the limited review to check and protect parties from being forced ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
